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.
Summary: In Indiana, actual knowledge is required to show a failure to comply with the sales disclosure statutes; a showing that an owner failed to disclose a defect of which he should have known is not sufficient.
Boehringer and the Cleo A. Boehringer Trust v. Weber, 2 N.E. 3d...
Summary: A construction contractor was estopped from denying payment or placing any restrictions on invoices the subcontractor was seeking to factor with a lender.
Sterling Commercial Credit – Michigan, LLC v. Hammert’s Iron Works, Inc., 998 N.E. 2d 752 (Ind. Ct. App. 2013)....
Summary: Title company was not liable for acts of its agent because the pleadings did not show the agent was authorized and acting within the scope of that agency relationship.
Stinespring v. Fidelity National Financial, Inc., 2013 WL 1626203 (N.D.Ill. 2013).
...
Summary: In Wisconsin, if a note is endorsed in blank, the owner of the note is entitled to enforce it.
OneWest Bank, FSB v. Sowl, 348 Wis.2d 262 (Wis. Ct. App. 2013) (unpublished disposition).
Facts: Deborah Sowl and Kerry Sowl executed a promissory note payable...
Summary: Tax purchaser must provide a correct section 22-5 notice with expiration for the period of redemption. The statute prohibits the time period to end on a weekend or holiday. Failure to satisfy the precise notice requirements will result in an invalid notice.
In re...
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