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TRACK MORTG. GROUP v. CRUSADER INS. CO.

No. B139930.

120 Cal.Rptr.2d 228 (2002)

98 Cal.App.4th 857

TRACK MORTGAGE GROUP, INC., Plaintiff and Appellant, v. CRUSADER INSURANCE COMPANY, Defendant and Appellant.

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

As Modified June 20, 2002.

Review Denied August 14, 2002.

Attorney(s) appearing for the Case

Doss & Page, Dennis H. Doss and Daniel Nassie, Newport Beach, for Plaintiff and Appellant Track Mortgage Group, Inc.

Gerald Philip Peters, Encino; Snyder, Dorenfeld & Tennenbaum and David K. Dorenfeld, for Defendant and Appellant Crusader Insurance Company.

GILBERT, P.J.

A lender holds a first deed of trust. The lender is named a loss payee on the debtor's property insurance policy. The property suffers severe damage. After the debtor defaults on its loan, the lender forecloses on the property and thereafter prevails in its action for breach of contract and bad faith against the insurance company.

The lender's contract damages are limited to the difference between the amount secured by the deed of trust and the...

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