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SCOTTSDALE INS. v. DEPOSIT GUARANTY NAT. BANK

No. 96-CA-01394 COA.

733 So.2d 863 (1999)

SCOTTSDALE INSURANCE COMPANY, Appellant, v. DEPOSIT GUARANTY NATIONAL BANK, Appellee.

Court of Appeals of Mississippi.

January 26, 1999.

Attorney(s) appearing for the Case

Richard M. Edmonson, Craig D. Smith, Jackson, Attorneys for Appellant.

Robert L. Wells, Chad J. Hammons, Jackson, Attorneys for Appellee.

BEFORE McMILLIN, P.J., COLEMAN, and SOUTHWICK, JJ.

SOUTHWICK, J., for the Court:

¶ 1. Deposit Guaranty National Bank was the mortgagee and loss payee under a binder providing builder's risk insurance on a home purchased by JoAnn Jenkins. After the expiration date of the binder the home was destroyed by a tornado. The insurer, Scottsdale Insurance Company, refused to pay because the loss occurred after the binder terminated. Since it had not received notice of cancellation, Deposit Guaranty brought suit against...

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