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WINBERG v. MARYLAND CAS. CO.

No. C5-88-1114.

434 N.W.2d 274 (1989)

Mark WINBERG, et al., Respondents, and First Federal Savings and Loan Association of Grand Rapids, plaintiff-intervenor, Appellant, v. MARYLAND CASUALTY COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Denied February 10, 1989.

Attorney(s) appearing for the Case

John P. Weber, Weber & Henrichsen, Grand Rapids, for Mark Winberg, et al.

Dennis L. O'Toole, Robin J. Gernandt, Lano, Nelson, O'Toole & Fecker, Ltd., Grand Rapids, for First Federal Sav. and Loan Ass'n of Grand Rapids, plaintiff-intervenor, appellant.

Lee F. Haskell, Cosgrove & Haskell, Minneapolis, for Maryland Cas. Co.

Heard, considered and decided by FORSBERG, P.J., and CRIPPEN and NORTON, JJ.

OPINION

FORSBERG, Judge.

This is an appeal from summary judgment determining that Mark and Patricia Winberg (Winbergs) were entitled to insurance proceeds for damage to their home. At the time the damage occurred, First Federal Savings and Loan Association of Grand Rapids (Federal) held a mortgage. Federal also claimed the insurance proceeds. We reverse.

FACTS

The facts are not disputed. On December 4, 1981, Winbergs mortgaged their home...

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