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NASSAR v. UTAH MORTG. & LOAN CORP.

Nos. 7043, 7158.

671 P.2d 667 (1983)

100 N.M. 419

Said NASSAR and Nassar Y. Nassar, Plaintiffs-Appellants, v. UTAH MORTGAGE & LOAN CORPORATION, Defendant-Appellee, and Safeco Insurance Company, Defendant-Appellant.

Court of Appeals of New Mexico.

October 13, 1983.

Attorney(s) appearing for the Case

John P. Burton, Rodey, Dickason, Sloan, Akin & Robb, P.A., Santa Fe, for defendant-appellee Utah Mortgage Loan Corp.

J.E. Casados, Gallagher & Casados, Albuquerque, for defendant-appellant Safeco Insurance Co.

Edward Myers, Marchiondo & Berry, P.A., Albuquerque, for plaintiffs-appellants.

OPINION

NEAL, Judge.

In this case we consider a standard mortgage clause in a fire insurance policy and the respective duties imposed by that clause on the parties in this suit. Safeco moved for summary judgment against the plaintiffs. This motion was denied. Utah Mortgage moved for summary judgment against the plaintiffs. This motion was granted and the plaintiffs appeal. Utah Mortgage also moved to dismiss Safeco's cross-claim for failure to state a claim...

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