Johnson Real Estate Limited Partnership v. Vacation Development Corp., et al.

Johnson Real Estate Limited Partnership v. Vacation Development Corp., et al.
E2017-01774-COA-R3-CV

This action involves a long-term ground lease in which the defendant lessee paid for and maintained an insurance policy on the property for its benefit. The defendant surrendered the premises after the motel facility constructed on the land was destroyed by a wildfire before the expiration of the lease. The plaintiff lessor filed suit, seeking an equitable lien on the policy and its proceeds, a constructive trust against the insurance rights and recovery, a claim on the policy as a third-party beneficiary, and injunctive relief. The court granted summary judgment in favor of the defendant. We affirm.

Authoring Judge: 
Judge John W. McClarty
Originating Judge: 
Judge Telford E. Forgety
Date Filed: 
Tuesday, June 12, 2018