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. 


09/08/2017 - 1:28pm

Summary: Deed granting easement to maintain electric transmission lines was not contingent on the wood poles used to maintain the lines. Easements allow for the innovation of technology.

In re Garza, 2017 WI 35, 374 Wis.2d 555, 893 N.W.2d 1 (Wis. 2017).

Go to full opinion.


07/25/2017 - 2:16pm

Summary: The trial court properly dismissed Plaintiff’s Quiet Title action on the grounds of res judicata where a final judgment in a forcible entry and detainer action had been entered.

Jaworski v. Skassa, 411 Ill.Dec. 299, 73 N.E.3d 13 (Ill.App. 2 Dist. 2017).

Go to full opinion...

11/16/2016 - 3:48pm

Summary: Condominium association's policy that unpaid assessments prohibited owners from using recreational facilities violated foreclosure law.

Go to full opinion.

Walworth State Bank v. Abbey Springs Condo. Ass'n, Inc., 2016 WI 30, 368 Wis. 2d 72, 878 N.W.2d 170 (Wis. 2016)....

11/16/2016 - 2:37pm

Summary: Trial court properly refused nunc pro tunc entry to correct in rem foreclosure judgment to be in personam as well. Thus, homeowners were entitled to the equitable relief of a refund of their payments made pursuant to the garnishment order

Elliott v. Dyck O'Neal, Inc., 46 N.E.3d...

11/15/2016 - 3:53pm

Summary: Attorney’s fees provisions within in contracts will be interpreted based on its plain language, barring any result that would be in conflict with public policy.

Boyer Const. Group Corp.  v. Walker Const. Co., Inc., 44 N.E.3d 119 (Ind. App. 2015).

Facts: In September of...