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.


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...

11/15/2016 - 3:17pm

Summary: Tenancy by the entirety ownership of the beneficial interest in a land trust only precludes the sale of joint owners' interest to satisfy a money judgment against one of the owners.

Marquette Bank v. Heartland Bank & Trust Co., 2015 IL App (1st) 142627.

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10/05/2016 - 4:31pm

Summary: In order for a plaintiff to receive an in personam judgement under Illinois Foreclosure Law, a plaintiff must: (1) ask for an in personam judgment in the initial complaint; (2) list the defendant as the person personally liable for any deficiency; (3) provide documentation of the debt;...

10/05/2016 - 3:14pm

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 (...

10/05/2016 - 12:12pm

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 (...

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