ABINGTON SAVINGS BANK v. ROCK

No. 90-P-1069.

32 Mass. App. Ct. 23 (1992)

584 N.E.2d 640

ABINGTON SAVINGS BANK vs. LESLIE JOHN ROCK.

Appeals Court of Massachusetts, Plymouth.

January 21, 1992.


Attorney(s) appearing for the Case

Roger A. Emanuelson for the plaintiff.

Robert A. Romero, Jr., for the defendant.

Present: ARMSTRONG, DREBEN, & IRELAND, JJ.


DREBEN, J.

After a fire damaged property in Pittsfield, Maine on which the Abington Savings Bank (bank) held a mortgage of $1,410,000, the bank brought this action under its own insurance policy to recover for loss to its "mortgage interest" in the amount by which its loan exceeded the bank's recovery under the mortgagor's policy. The bank had received only $730,000 from the mortgagor's insurance company, a figure determined by appraisers (after the parties could...

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