HOME FEDERAL SAV. & LOAN v. DOOLEY'S, ETC.

No. 2 CA-CIV 5438.

149 Ariz. 105 (1985)

716 P.2d 1042

HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation, Plaintiff/Counterdefendant/Appellee, v. DOOLEY'S OF TUCSON, INC., an Arizona corporation, Defendant/Counterclaimant/Appellant, DOOLEY'S OF TUCSON, INC., an Arizona corporation, Crossclaimant/Appellant, v. UNITED STATES FIRE INSURANCE COMPANY, a New York corporation, Crossdefendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied April 1, 1986.


Attorney(s) appearing for the Case

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by Ardner R. Cheshire, Jr., Tucson, for plaintiff/counterdefendant/appellee Home Federal Sav.

Horne, Silver, Kaplan & Bistrow, P.C. by Michael S. Dulberg, Phoenix, for defendant/counterclaimant/crossclaimant/appellant Dooley's of Tucson, Inc.

Jennings, Strouss & Salmon by T. Patrick Flood, Phoenix, for crossdefendant/appellee U.S. Fire Ins. Co.


OPINION

FERNANDEZ, Judge.

This is a mortgage foreclosure action in which Home Federal Savings and Loan Association (Home Federal), the mortgagee, sought foreclosure against the mortgagor, Dooley's of Tucson, Inc. (Dooley's), and damages from United States Fire Insurance Company for failure to pay amounts due under a fire insurance policy. Dooley's counterclaimed, alleging that Home Federal was liable to it for breach of its obligation to pay insurance premiums...

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