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Tag Archives: Damages

Tort/Negligence – Damages – Contract — Warranty – Civil Practice – Statute of Limitations – Faulty Windows – Wisconsin Law (access required)

Meifert v. MI Windows & Doors, Inc. In their amended complaint, plaintiffs continue to assert that their windows, which were allegedly designed, manufactured, and sold by defendant, caused direct economic loss to the windows and other property in the home and consequential economic loss. Recovery for such damages is barred by the economic loss doctrine.

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Real Property – Title Insurance – Damages – Valuation Date – Ambiguity – Certified Question (access required)

Whitlock v. Stewart Title Guaranty Co. Pursuant to a question certified to this court by the U.S. District Court for the District of South Carolina, we hold that where, as here, a title insurance contract does not clearly identify a date for measuring the diminution in value of the insured property or otherwise unambiguously provide for the method of valuation as a result of a title defect...

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Civil Practice – Remedies – Accounting & Constructive Trust – Jury Award — Damages (access required)

Uhlig, LLC v. Shirely Plaintiff was able to ascertain and present evidence of the amount of its loss, and plaintiff has obtained an adequate remedy at law through the jury’s award of monetary damages. Because the purpose of an accounting is to determine the amount due to the aggrieved party, an accounting of assets would be improper here.

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