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: Will construction favors vesting of estates as early as possible, in the absence of a clear manifestation of the contrary intention.
Pereira v. Pereira, 983 N.E.2d 605 (Ind. Ct. App. 2013).
Facts: Joseph Sleeper (Sleeper) owned approximately 358...
Summary: Judgment creditor lost its priority status for purposes of distribution of proceeds from a sale of foreclosed property because of its failure to file a memorandum of revived judgment within the statutorily required seven years from the date of the original judgment.
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Summary: Wis. Stat. § 75.521 only requires counties to mail foreclosure petitions to addresses that can be ascertained from the record relating to the affected parcel located in the office of the register of deeds. The county need not expand its search beyond the recorded registry....
Summary: Under the Mechanic's Lien Act, a subcontractor's lien is limited to the amount owed to its immediate contractor.
Doors Acquisition, LLC v. Rockford Structures Constr. Co., 2013 IL App (2d) 120052.
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Facts: Norman J. Weitzel...
Summary: Title insurance companies are responsible for ensuring that their agents are charging a premium rate that is in accordance with Indiana’s Statutory Rate Standard.
Robertson v. Ticor Title Ins. Co. of Florida, 982 N.E.2d 9 (Ind. Ct. App. 2012).
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