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.


03/16/2015 - 4:11pm

Summary: In Wisconsin, if a party exercises its right as authorized in a contract, the party does not breach a statutory duty of good faith.

 

Bank of Sun Prairie v. CNC Drywall, Inc., No. 2012AP2074, 348 Wis.2d 264 (Wis. Ct. App. 2013).

 

Facts: CNC Drywall, Inc. (...

03/16/2015 - 2:57pm

Summary: Plaintiff condominium association can pursue an action for breach of implied warranty of habitability against a subcontractor because the general contractor was insolvent on the date of the amended complaint that alleged the general contractor's insolvency.

 

1324 W. Pratt...

02/23/2015 - 10:33am

Summary: Service of process by an unlicensed private detective agency was defective, even though the individual employees who served the summonses were licensed private detectives.

 

West Suburban Bank v. Advantage Financial Partners, LLC, 2014 IL App (2d) 131146.

 

...

02/18/2015 - 11:58am

Summary: Under Wisconsin Statute, a lender’s response to a borrower’s inquiry can be delivered in various forms, including email, and it may address a borrower’s agent without addressing the borrower’s question specifically.

 

Mattfeld v. PHH Mortgage Corp., 2013 WI App 94, 349 Wis...

02/18/2015 - 11:56am

Summary: Borrowers were unreasonable to believe that their application for a loan modification was approved when the lender only represented that they would be eligible for consideration if they completed the requisite trial period payments.

 

Bank of America, N.A. v. Raschke, 2013...

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