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Rodriguez v. Am. Sec. Ins. Co.

Insurance Action Should Be Dismissed; Proceeds Were Paid in Accord With Mortgage, Policy

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Report and RecommendationI. INTRODUCTION

*1 Plaintiff Elder Rodrigues (“Rodrigues”) bought a house in the City of Buffalo and took out a mortgage loan to cover the purchase. Rodrigues soon ran into financial trouble, defaulting on the mortgage obligations, neglecting to buy insurance for the house, and filing for bankruptcy. The mortgage lender — actually a series of lenders over time that included defendants Green Tree Servicing LLC and Ditech Financial LLC (collectively “Green Tree”)1 — went ahead and bought insurance for the house to protect its interests. Defendant American Security Insurance Company (“American”) issued the policy. The insurance became an issue when a fire gutted the house on June 2, 2014 and prompted the City of Buffalo to perform an emergency demolition. American paid the insurance proceeds to Green Tree in accordance with the mortgage agreement and the insurance policy, but Rodrigues believes that he should have received the proceeds because he was the named insured on the policy. An additional complicating factor here is that foreclosure*2

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