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Tag Archives: Bad Faith

Civil Practice – Statute of Limitations – Tort/Negligence – Conversion Claim – Accrual Date – Judgment Debtor – RICO – Voluntary Dismissal – Bad Faith (access required)

Eubank v. Van-Riel A New York attorney had a $100,000+ judgment against plaintiff. Plaintiff’s state-law claims against defendants arose when plaintiff learned that defendants had paid the New York attorney $30,000 that defendants owed to plaintiff. Although the New York attorney temporarily returned the funds to defendants in order to complete the steps necessary to comply with New York law, this did not toll the statute of limitations.

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Chicago Title pays church $698,000 on $100,000 policy (access required)

Andrew Fitzgerald's (pictured) first foray into title insurance was over a half-million-dollar success. He was hired by Reynolda Presbyterian Church in Winston-Salem to sue Chicago Title Insurance Company after the insurer allegedly failed to defend the church against claims its neighbors brought against it. The church housed its administrative offices in "Harper House," which was situated on one of two parcels it acquired in 2001. At the time it acquired the parcels, the church also purchased a policy of title insurance from Chicago Title. The policy covered the church for losses related to title of up to $100,000.

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