Gamboa

— Valle de Oro Bank, N.A. (Bank) appeals from a judgment following a jury verdict in favor of respondent Henry Gamboa (Gamboa) and from the trial court’s denial of its motion for judgment notwithstanding the verdict. The Bank brought this action for damages for the balance due on a promissory note executed by Gamboa in consideration for a loan to purchase a motor home (also referred to as vehicle). The motor home was destroyed by fire when the unpaid balance on the loan exceeded the insurance coverage obtained by Gamboa on the vehicle. The issue on appeal is whether the trial court erred in allowing the jury to consider (and ultimately apply) the doctrine of mitigation of damages against the Bank by virtue of the Bank itself not having procured comprehensive insurance coverage on the vehicle.

We conclude, as the Bank contends, that under the facts of this case, as a matter of law, there was no duty on the part of the Bank to obtain insurance against the loss which occurred, and that it was error to allow the jury to consider the doctrine of mitigation of damages. Accordingly, we reverse the judgment for Gamboa and direct the trial court to enter judgment for the Bank for…