Michael H. Bonaparte v. Allstate Insurance Company, Michael H. Bonaparte, and Robert C. Garcia D'Anne Bonaparte Garcia v. Allstate Insurance Company

ORDER

The memorandum disposition filed December 19, 1994, is redesignated as an authored opinion by Judge Wiggins.

OVERVIEW

Michael H. Bonaparte, Robert C. Garcia, and D’Anne Bonaparte Garcia (referred to collectively as “Appellants”) appeal the district court’s grant of summary judgment in favor of Allstate Insurance Company (“Allstate”). Appellants sued Allstate to recover proceeds under an insurance policy for property that had been destroyed by fire. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTS

In August 1988, Bonaparte sold the property at issue in this case (a lot and a residence) to the Taylors. Bonaparte held a second deed of trust secured by the property and the Spencers held the first deed of trust. The first deed of trust was brokered by Tiffany Mortgage Company (“Tiffany”). Tiffany, acting as the Taylors’ agent, obtained insurance on the residence through Allstate. The policy named the Taylors as insureds and Tiffany as the first mortgage holder.

On April 26,1990, Bonaparte foreclosed on the property and Appellants became the owners, subject to the Spencers’ first deed of trust. The Taylors remained in possession of the property.…