Month: November 2021

When an action for negligence is filed against an insured, and the insurer has control over the claim, a fiduciary duty to the insured is created. In this case, the possibility of a verdict in excess of the policy limits caused the insurer to suspect that the insured...

Here, the trial court granted summary judgment against a foreclosing bank on the finding that it did not have standing because of the timing of an assignment of the mortgage to the bank and when the foreclosure action was filed. Thereafter, when the borrowers...

In an action to quiet title based on adverse possession, the evidence that supported findings of actual, open and notorious, or exclusive possession included that the adverse possessor had cleared and maintained the disputed tract, fenced it in with hot wire, and...