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Archives for January 2018

January 26, 2018 by admin

Illinois – Declaratory Judgment – Trucking – Missing Insurance Policies –

2017 IL App (1st) 160780   NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. Appellate Court of Illinois, First District,  FIRST DIVISION.  The TRAVELERS INDEMNITY COMPANY and Travelers Property Casualty Company of America, Plaintiffs–Appellants, v. ROGERS CARTAGE COMPANY, Defendant–Appellee. No. Read More »

Filed Under: Articles

January 26, 2018 by admin

Torts — Contracts — Limitation of actions — Trial court properly dismissed negligent misrepresentation, fraud and rescission, and fraud in the inducement claims as barred by statute of limitation — Trial court erroneously found that unjust enrichment count was barred by statute of frauds — Error to grant motion to dismiss unjust enrichment count for failure to state cause of action where dismissal would require consideration of matters beyond four corners of complaint

43 Fla. L. Weekly D232aTop of Form Torts — Contracts — Limitation of actions — Trial court properly dismissed negligent misrepresentation, fraud and rescission, and fraud in the inducement claims as barred by statute of limitation — Trial court erroneously found that unjust enrichment count was barred by statute of frauds — Error to grant Read More »

Filed Under: Articles

January 26, 2018 by admin

Real property — Declaratory judgment action seeking declaration of right of unit owners to access and use dock located behind defendant’s waterfront property — Trial court erred by dismissing declaratory judgment action and failing to determine parties’ rights to dock

43 Fla. L. Weekly D218aTop of Form Real property — Declaratory judgment action seeking declaration of right of unit owners to access and use dock located behind defendant’s waterfront property — Trial court erred by dismissing declaratory judgment action and failing to determine parties’ rights to dock — Because defendant severed his riparian rights in Read More »

Filed Under: Articles

January 26, 2018 by admin

Evidence Code — Amendments — Chapter 2011-183, section 1, Laws of Florida, which created section 90.5021, Florida Statutes (Fiduciary lawyer-client privilege) of the Florida Evidence Code adopted, to the extent that provision of the Evidence Code is procedural

43 Fla. L. Weekly S31aTop of Form Evidence Code — Amendments — Chapter 2011-183, section 1, Laws of Florida, which created section 90.5021, Florida Statutes (Fiduciary lawyer-client privilege) of the Florida Evidence Code adopted, to the extent that provision of the Evidence Code is procedural IN RE: AMENDMENTS TO THE FLORIDA EVIDENCE CODE – 2017 Read More »

Filed Under: Articles

January 26, 2018 by admin

Insurance — Homeowners — Sinkhole claim — Bad faith — An insured is not required to wait until the appraisal process is completed before filing a civil remedy notice — The filing of a civil remedy notice before the appraisal process is complete and damages are determined does not render the CRN a legal nullity, thereby precluding a bad faith claim

43 Fla. L. Weekly D200aTop of Form Insurance — Homeowners — Sinkhole claim — Bad faith — An insured is not required to wait until the appraisal process is completed before filing a civil remedy notice — The filing of a civil remedy notice before the appraisal process is complete and damages are determined does Read More »

Filed Under: Articles

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