• Bankruptcy: insurer who issued loan policy based on debtor’s representations that no work was being done on his property and then paid to satisfy a mechanic’s lien stated cause of action against debtor for false representation without having alleged that debtor obtained money or property by his fraud – In re Speisman, No. 11 A 2682 (N.D. Ill. Bankr. July 19, 2013) (denying motion to dismiss adversary proceeding)
  • Closing Protection Letters: CPL rights run with the interest in land, which renders the FDIC'S carve-out of those rights in its purchase and assumption agreement futile – FDIC-R v. Floridian Title Group, Inc., No. 12-21890 (S.D. Fla. July 24, 2013) (report and recommendation on cross summary judgment motions)
  • Closing Protection Letters: FDIC’s carve-out of rights in its purchase and assumption agreement failed to specifically retain the right to assert CPL claims – FDIC-R v. Floridian Title Group, Inc., No. 12-21890 (S.D. Fla. July 24, 2013) (report and recommendation on cross summary judgment motions)
  • Closing Protection Letters: CPLs bar liability absent notice of loss within 90 days of its discovery and require prompt notice within those 90 days and reduce liability to the extent that the notice is not prompt and causes prejudice – FDIC-R v. Floridian Title Group, Inc., No. 12-21890 (S.D. Fla. July 24, 2013) (report and recommendation on cross summary judgment motions)