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: A party may waive service of process by private contract and that waiver can apply both prospectively and retroactively.
Eastern Savings Bank, FSB v. Flores, 2012 IL App (1st) 112979, 977 N.E.2d 242 (Ill.App. 1 Dist.,2012).
Facts:
In July 2009, Eastern Savings Bank...
Summary: Occasional use by others can defeat the element of "control" in adverse possession claims, especially if there are no attempts to exclude persons from the land or stop the use.
Knauff v. Hovermale, 976 N.E.2d 1267 (Ind.App. 2012).
Facts: The disputed area...
Summary:
If a vague or ambiguous legal description makes title unmarketable, a title insurance company has a duty to defend or indemnify the insured. If the title insurance breaches the contract by not defending or indemnifying, then the insured can recover damages up to the full...
Summary: A deed that on its face conveyed title to the transferees in joint tenancy and described the transferees as “husband and wife” will be interpreted as a joint tenancy regardless of whether the transferees are in fact married, as long as no other intent to convey some other form...
Summary: A judgment lien is invalid unless the clerk dockets the judgment.
Associated Bank, N.A. v. Collier, 2011 AP 2597 (Wis. Ct. App. 2012).
Facts: In December of 2009, Associated Bank, N.A. (Associated) filed a foreclosure action and won an $11 million...
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