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Tag Archives: Fire

Real Property – Unjust Enrichment & Equitable Estoppel – Oral Agreement – Ambiguities — Improvements – Destruction by Fire (access required)

Barnes v. Johnson The parties had vague oral agreements that plaintiff could live in, improve, and buy defendant’s property and that the parties might sell the improved property and split the “profit”; these agreements were not specific enough to support the application of the equitable estoppel doctrine.

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Insurance – Fire – Fraudulent Application – Purchase Price – Past Claims (access required)

Scottsdale Insurance Co. v. Collins Although defendant contends he merely answered questions posed to him by an insurance agent and then signed the application that the agent printed out, when he signed the application, defendant asserted that he had read the application and that the statements in it were true. However, the application indicated that the purchase price for the house being insured was $390,000 when defendant knew the purchase price was only $20,000.

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Insurance – Fire – Rescission — Nightclub Vacancy – Occasional Use – Insurance Application Answers – Bad Faith Counterclaim – Civil Practice – Discovery – 2C Witness (access required)

Certain Interested Underwriters at Lloyd’s London v. Cooper The defendant-insured says he told his insurance agent that he used the otherwise vacant nightclub building for occasional events; however, the agent says the insured told him the building was vacant, so that is what he noted on the insurance application. There is a jury question as to whether the insured provided false information on the insurance application.

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