This section contains the nature of the case and procedural background.

Edith (P) and Wilson (D) Hawthorne owned real property as tenants by the entirety. The property was insured, with P, D, and a mortgagee as named insureds on the policy. The house on the property was destroyed by fire, and the insurance company paid the claim with a draft issued to all three as payees. P sued for a division of the proceeds. The lower court granted D's motion to dismiss the complaint. P appeals.

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