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UNIVERSAL MORTG. CO., INC. v. PRUDENTIAL INS. CO.

No. 85-1558.

799 F.2d 458 (1986)

UNIVERSAL MORTGAGE CO., INC., Plaintiff/Appellant, v. PRUDENTIAL INSURANCE COMPANY, and Does I through XX, inclusive, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 30, 1986.

Attorney(s) appearing for the Case

John M. Daley, Berliner, Cohen & Biagini, San Jose, Cal., for plaintiff-appellant.

Craig S. Simon, Melody Mosley, Berger, Kahn, Shafton & Moss, Newport Beach, Cal., for defendants-appellees.

Before FARRIS and BOOCHEVER, Circuit Judges, and KEEP, District Judge.

BOOCHEVER, Circuit Judge:

Universal Mortgage Company (Universal) appeals the district court's denial of leave to amend its complaint and the award of summary judgment in favor of Prudential Insurance Company (Prudential). Universal contends that Prudential unlawfully failed to pay insurance benefits under a policy in which Universal was named loss payee. Because Universal's debt was extinguished when upon foreclosure it bid...

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