Casenotes

This section contains all the casenotes published in our monthly newsletter, Casenotes & Underwriters' Bulletin, plus additional case law the ATG Underwriting Department identifies as noteworthy for ATG member agents.


04/06/2015 - 11:42am

Summary: Although service by publication is allowed in actions affecting property, the process server must show diligent inquiry to locate and serve process before requesting to perform service by publication.

 

JPMorgan Chase Bank, Nat. Ass'n v. Ivanov, 2014 IL App (1st) 133533....

04/06/2015 - 10:00am

Summary: Deed provisions that established mutual use and maintenance of the parking areas and sharing of expenses to maintain the party wall between the grantor and grantee created an affirmative covenant that ran with the land, not a prescriptive easement.

 

Terry Weisheit Rental...

04/02/2015 - 3:09pm

Summary: Purchase contract executed by member of LLC was enforceable because the member had apparent authority to execute on behalf of the LLC and was carrying on in the usual way of business.

 

Cain Family Farm, L.P. v. Schrader Real Estate & Auction Co., Inc., 991 N.E.2d 971...

04/02/2015 - 12:38pm

Summary: Property is classified as survivorship marital property when (1) there is a homestead acquired after the determination date, (2) the homestead must be "held exclusively between spouses" at the time it is acquired, and (3) there must be "no intent to the contrary" expressed in the...

03/16/2015 - 4:39pm

Summary: If a court does not order mediation, parties are free to shape a settlement agreement as they wish.

 

Ewing v. U.S. Bank, N.A., 5 N.E.3d 775, 2014 WL 904247 (Ind. Ct. App. 2014), rehearing denied, transfer denied.

 

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