California Court of Appeal

A lender holding a first deed of trust and named as a loss payee on the debtor's insurance property, who forecloses on the property and prevails in a suit against the insurer, is subject to the "credit bid" rule in its tort damages, but may recover other consequential damages such as interest and attorneys' fees.

Appellate Information

• Decided 05/28/2002
• Published 05/28/2002

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Doss & Page, Dennis H. Doss and Daniel Nassie, Newport Beach, for Plaintiff and Appellant Track Mortgage Group, Inc.


• For Appellees:
  
• Gerald Philip Peters, Encino;  Snyder, Dorenfeld & Tennenbaum and David K. Dorenfeld, for Defendant and Appellant Crusader Insurance Company.