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 notice provision in a title insurance policy that requires the insured to promptly notify the title insurance company about any contested issues to title must be honored in order to continue to receive coverage under the policy.
Pike v. Conestoga Title Ins. Co., 44 N.E.3d 787 (...
Summary: Based on the terms of the contract, homeowner who took unauthorized possession of a pool built by contractor constituted his acknowledgment that the structure was complete, thus obligating him to pay amount due under the contract.
Ambrose v. Dalton Const., Inc., 44 N.E.3d 707 (...
Summary: In a foreclosure action, current employee of mortgage loan servicer was qualified to testify as to loan records, thus records were properly admitted as business records.
Go to full opinion.
Deutsche Bank Nat. Trust Co. v. Olson, 366 Wis. 2d 720, 875 N.W....
Summary: Remedy for tenant's nonpayment of rent after tenant exercised option to purchase was not termination of option agreement. Tenant had continuing obligation to pay rent until all terms of the purchase was agreed upon.
Go to full opinion.
Ruffolo v. Jordan,...
Summary: When determining the boundaries between two parcels, a trial court can rely on a survey based on the “measurement methodology” over that based on "occupation methodology."
Sullivan v. Kanable, 2015 IL App (2d) 141175 (2015).
Go to court opinion.
Facts: Henry and...
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