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HAWKEYE-SECURITY INSURANCE CO. v. APODACA

No. 4307.

524 P.2d 874 (1974)

HAWKEYE-SECURITY INSURANCE CO., a corporation, Appellant (Plaintiff below), v. Alfred APODACA and Byrlie Lee Apodaca, Appellees (Defendants below).

Supreme Court of Wyoming.

July 9, 1974.

Attorney(s) appearing for the Case

F.M. Andrews, Jr., Riverton, for appellant.

Frank P. Hill, Riverton, for Alfred Apodaca, appellee.

H.S. Harnsberger, Jr., Riverton, for Byrlie Lee Apodaca, appellee.

Before PARKER, C.J., and McEWAN, GUTHRIE, McINTYRE, and McCLINTOCK, JJ.

Mr. Justice McEWAN delivered the opinion of the court.

The defendants' home, insured by Hawkeye, burned, and the insurance company paid the insured defendants' note given to a mortgagee. The insurance company took an assignment of the note and mortgage, and brought an action on the note and for foreclosure of the mortgage. Defendants answered separately and each raised the issue of the insurance policy and counterclaimed for the loss in excess of that amount paid...

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