General Business Civil Remedies Wills, Trusts, & Estate Planning

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11th Circuit Certifies Questions Regarding Insured’s Breach of Consent to Settle Clause

In its recent decision in Piedmont Office Realty Trust v. XL Specialty Ins. Co., 2014 U.S. App. LEXIS 20141 (11th Cir. Oct. 21, 2014), the United States Court of Appeals for the Eleventh Circuit, applying Georgia law, elected...more

Life Insurance Company that Filed Interpleader Action to Determine How to Proceed With Benefits Resulting From a Homicide is...

In Farmers New World Life Insurance Company v. Rees (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., August 30, 2013), a California court of appeal considered whether a life insurance company that delayed paying benefits to the...more

Nowadays a Practicing Lawyer’s First Serious Exposure to Critical Unjust Enrichment Doctrine is Likely to be After Law School, Too...

This modified excerpt from Loring and Rounds: A Trustee’s Handbook (2013) is a primer on the wrong of Unjust Enrichment and its principal remedy, Restitution. Unjust enrichment doctrine is very much alive and well in the real...more

A Trust is Not an Entity, it is a Relationship

The Problem: Practitioners, and occasionally even some courts, will refer to assets as being “owned” by a trust, or will say that someone is “suing” the trust. This likely arises from the fact that proper designation often...more

Judicial Modification Of Trust Barred By Trust Terms [Florida]

More often than not, the resolution of a trust dispute involves a settlement agreement with changes made to a trust instrument. Such modifications may be accomplished under provisions of Florida’s Trust Code (Fla.Stats....more

California District Court Grants Summary Judgment to Life Insurer in Rescission Case

Judge Virginia Phillips of the United States District Court, Central District of California, granted summary judgment to USAA Life Insurance Company, finding that Dr. Marshall Salkin made material misrepresentations regarding...more

The Owner Occupant Exception – When is a Trust a Natural Person?

A critical question for residential contractors in Arizona is whether a homeowner is an "owner occupant." When a homeowner is an "owner occupant," contractors may only record a lien on the property if they have a direct...more

Los Angeles Targets Trustee to Clean-Up Housing Mess

The People of the State of California and The City of Los Angeles (collectively, the "Plaintiff") are seeking to hold Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, as trustee under hundreds of...more

Trust & Estate Litigation Advisory for 7/12/2011: Accord and Satisfaction is Not Available to Trustees, Since They Cannot Seek...

It is not uncommon for fiduciaries to seek an acknowledgment of final distribution and a release associated therewith. Obtaining such a release is permitted under Probate code section 16004.5 so long as it is given...more

UCC Case Law Update

We have recently seen some potentially significant Uniform Commercial Code (UCC) decisions in Texas in the last few months which may be of interest to our financial institution clients. We have given a brief synopsis of these...more

Federal Court: Egregious Facts May Permit Life Policy Rescission After Expiration of Incontestability Period

The U.S. District Court for the Southern District of New York recently ruled on the parties’ motions for summary judgment in Settlement Funding, LLC v. AXA Equitable Life Ins. Co., No. 09 CV 8685 (HB) (S.D.N.Y. Sept. 29,...more

Fraudsters Beware - Homestead Exemptions Don't Always Work

New tax court case limits the asset protection afforded to Florida residents by Florida's homestead law. If you transfer assets to avoid creditors, do not automatically assume that Florida's powerful homestead exemption will...more

Trustee's Establishment of Litigation Reserve Deemed Reasonable Under The "Prudent Man" Standard

In Bluebird Partners, L.P. v. Bank of New York, Index No. 1996-601016, 2010 NY Slip Op 31407(U) (Sup Ct, NY County, June 7, 2010), Justice Eileen Bransten of the New York Commercial Division, granted a summary judgment motion...more

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