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Trial court's grant of summary judgment in favor of State Farm General Insurance Company (State Farm), in an interpleader action initiated by Washington Mutual Bank arising from a purchase of a property at a sheriff's sale, where defendants both claimed an entitlement to excess funds Washington Mutual received in satisfaction of a promissory note secured by a deed of trust it held, is affirmed as defendant has no entitlement to the excess funds, he has no privity with State Farm he was not insured on the homeowner's insurance policy, and he did not become a successor to the insurance policy by virtue of his purchase of the property at an execution sale.
Filed December 22, 2009
Opinion by Judge Bigelow
For Appellant: Ezer & Williamson and Mitchel J. Ezer