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ZIELLO v. SUPERIOR COURT

Docket No. B090478.

36 Cal.App.4th 321 (1995)

42 Cal. Rptr.2d 251

PHYLLIS ZIELLO, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; FIRST FEDERAL BANK OF CALIFORNIA, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

June 29, 1995.

Attorney(s) appearing for the Case

COUNSEL

Akre, Bryan & Chang and Geoffrey L. Bryan for Petitioner.

No appearance for Respondent.

Epport & Richman, Steven N. Richman and Beth Ann R. Young for Real Party in Interest.

OPINION

EPSTEIN, Acting P.J.

In this case, we decide that when a lender does not require in its contract that the borrower obtain earthquake insurance on the property securing the loan, it has no right under the contract to receive or control the insurance proceeds paid as a result of earthquake damage to the property.

FACTUAL AND PROCEDURAL SUMMARY

On June 27, 1988, petitioner Phyllis Ziello (borrower) obtained...

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