News & Analysis as of

Negligence Assignments

Gould + Ratner LLP

Suburb's Citizens Out of Luck Against Contractor's Insurer for Contaminated Water

Gould + Ratner LLP on

Under established Illinois law, an insurer must defend a legal action filed against its insured unless it is clear from the face of the underlying complaint that the allegations fail to state facts which bring the case...more

Troutman Pepper

Emerging Issues in Planned Community and Condominium Disputes

Troutman Pepper on

From disagreements over short-term rentals to an infamous Tigger mailbox that elevated a neighborhood dispute all the way to the Commonwealth Court, Pennsylvania has seen a growing trend in litigation involving unit owners’...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 22, 2019

Carlton Fields on

Real Property Update - Foreclosure / Paragraph 22: bank failed to introduce sufficient evidence to prove default letter was sent to borrower pursuant to paragraph 22 of the mortgage where bank's witness never testified that...more

Haight Brown & Bonesteel LLP

Contractual Assignees Are Not Subject To Equitable Subrogation Rule Of Superior Equities

In AMCO Ins. Co. v. All Solutions Ins. Agency (No. F070038, filed 2/8/16), a California Court of Appeal held that claims against an insurance broker for failure to procure requested coverage are assignable, and that express...more

Cozen O'Connor

Oregon Adopts Covenants Not To Execute/Assignments

Cozen O'Connor on

This past week, the Supreme Court of Oregon overturned 42 years of precedent, holding that Stubblefield v. St. Paul Fire & Marine, 267 Ore. 397, 517 P.2d 262 (1973) erred when it decided that a covenant not to execute given...more

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