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VIEWPOINT BANK v. ALLIED PROPERTY

No. 05-12-01370-CV.

439 S.W.3d 626 (2014)

VIEWPOINT BANK, Appellant v. ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Dallas.

August 7, 2014.

Attorney(s) appearing for the Case

James M. McCown , Patrick Sicotte , Addison, for Appellant.

Michael A. Yanof , Timothy Eric Headley , George Arnold , Travis Brown, Dallas, for Appellee.

Before Justices MOSELEY, FRANCIS, and LANG.

OPINION

Opinion by Justice MOSELEY.

In settlement of an insurance claim, Allied Property and Casualty Insurance Company issued checks jointly payable to its insured, Optimum Deerbrook, LLC, and Optimum's mortgagee, ViewPoint Bank.1 Without ViewPoint's endorsement or consent, Optimum deposited the checks and obtained payment. ViewPoint did not receive the proceeds of the checks. ViewPoint sued Allied and several others to obtain...

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