Casenotes

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.


04/18/2018 - 1:17pm

U.S. Bank Trust N.A. v Hernandez, 2017 IL App (2d) 160850.

Summary: The trial court erred in granting summary judgment because there is a material question of fact regarding whether the plaintiff complied with section 203.604.

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Facts: On January 2, 2014, U...

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).

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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).

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11/16/2016 - 3:48pm

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

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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...

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