PRUDENTIAL INS. CO., ETC. v. EXECUTIVE ESTATES

No. 2-1074A256.

369 N.E.2d 1117 (1977)

THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant (Plaintiff and Counterclaim Defendant below), v. EXECUTIVE ESTATES, Inc. (Defendant and Counterclaim Plaintiff below), and Doyle Cofer Excavating & Engineering Co., Inc. (Defendant below), Appellees.

Court of Appeals of Indiana, Second District.

Rehearing Denied February 14, 1978.


Attorney(s) appearing for the Case

Thomas M. Scanlon, Alan W. Boyd, Barnes, Hickam, Pantzer & Boyd, Francis M. Hughes, Hughes & Hughes, Indianapolis, Tom R. White, Christian, Waltz, White & Klotz, Noblesville, for appellant.

Robert W. McNevin, Indianapolis, Paul G. Smith, Smith, Pearce & Barr, Noblesville, for appellees.


BUCHANAN, Judge.

CASE SUMMARY

Prudential Insurance Company (Prudential) appeals an Eight Hundred Fifty Thousand ($850,000.00) Dollar judgment in favor of Executive Estates, Inc. (Executive), claiming that as mortgagee it had no duty in disbursing the loan proceeds to protect the interest of the mortgagor (Executive) from liens or encumbrances and that the damages awarded by the jury were excessive.

We affirm in part and reverse in part.

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