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MATTICE v. MINNESOTA PROP. INS. PLACEMENT

No. C8-02-854.

655 N.W.2d 336 (2002)

Craig MATTICE, Jr., Respondent, Homecomings Financial Network, Inc., Respondent, v. MINNESOTA PROPERTY INSURANCE PLACEMENT, Relator, Department of Commerce, Respondent.

Court of Appeals of Minnesota.

December 24, 2002.

Attorney(s) appearing for the Case

Craig Mattice, Jr., Plymouth, MN, pro se respondent.

Harold A. Frederick, Fryberger, Buchanan, Smith Frederick, P.A., Duluth, MN; and Mary K. Powers, Director and Associate Counsel, GMAC-RFC, Minneapolis, MN, for respondent HomeComings Financial.

Bradley J. Ayers, Wendy M. Canaday, Flynn, Gaskins Bennett, L.L.P., Minneapolis, MN, for relator.

Mike Hatch, Attorney General, Jennifer S. Kenney, Assistant Attorney General, St. Paul, MN, for respondent Department of Commerce.

Considered and decided by SCHUMACHER, Presiding Judge, RANDALL, Judge, and HUDSON, Judge.

OPINION

ROBERT H. SCHUMACHER, Judge.

Relator Minnesota Property Insurance Placement, an insurance provider, challenges an order of the Commissioner of Commerce that it honor a damages claim filed by respondent HomeComings Financial Network, Inc. for losses sustained in a fire involving property insured by Minnesota Property and mortgaged to HomeComings. Minnesota Property argues that because the fire insurance policy naming HomeComings as mortgagee was fraudulently...

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