Track Mortgage Group, Inc. v. Crusader Ins. Co. (2002)

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[No. B139930. Second Dist., Div. Six. June 20, 2002.]

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

[Modification of opinion (98 Cal.App.4th 857).]

THE COURT.-

It is ordered that the opinion filed herein on May 28, 2002, be modified as follows:

1. On page 1, after the first sentence of the first full paragraph [98 Cal. App. 4th 861, advance report, 1st par., line 1], beginning with the words "A lender" and ending with the word "policy," insert the following sentence:

The property suffers severe damage.

2. On page 1, second full paragraph, second sentence [98 Cal. App. 4th 861, advance report, 2d par., lines 4-5], the word "lender's" between the words "the" and "conduct" is changed to "insurance company's" so the sentence reads:

Here we hold the lender's tort damages are also limited by the credit bid rule absent a showing that the insurance company's conduct caused the lender to make the credit bid.

There is no change in the judgment.

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