Empire Fire & Marine Ins. Co. v. First Nat'l Bank of Ariz
In Empire Fire & Marine Ins. Co. v. First Nat'l Bank of Ariz., 26 Ariz. App. 157, 159, 546 P.2d 1166, 1168 (App. 1976), First National Bank of Arizona brought an action against the insurer of McDonald Mountain Motors, a Flagstaff car dealership, alleging conversion. 26 Ariz. App. at 158-59, 546 P.2d at 1167-68.
The action arose after a couple purchased a vehicle from the dealership using financing from First National Bank. Id. at 158, 546 P.2d at 1167.
Only a month later, the same couple traded in that vehicle as part of the purchase of a different vehicle. Id.
As part of the transaction, McDonald Mountain Motors agreed to pay First National Bank the amount due on the original vehicle. Id.
The dealership did not pay the bank either the first payment or the balance due, and promptly sold the vehicle to someone else, keeping the proceeds of the sale. Id. at 159, 546 P.2d at 1168.
The trial court granted summary judgment in the bank's favor, and the insurer appealed. Id.