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https://www.nexsenpruet.com/insights/equitable-estoppel-halts-insurers-success-in-bad-faith-claim
Jul 10, 2017 · Demonstrating that equitable estoppel can create genuine obstacles for insurers, the court in the Middle District of North Carolina denied a carrier relief to which it would have otherwise been entitled based upon the carrier’s prior conduct. The plaintiffs Vytas and Lee Anne Bankaitis sued Defendant Allstate Insurance Company in state court for breach of contract, deceptive trade practices ...
http://www.courtstreetlaw.com/research-and-articles/real-estate-litigation/equitable-estoppel-of-a-mortgagees-claim/
Equitable Estoppel of a Mortgagee’s Claim* The doctrine of “ equitable estoppel ” was applied in a recent case litigated… The doctrine of equitable estoppel was applied in a recent case litigated in the Commercial Division of the Kings County Supreme Court. In deciding that a mortgagee was estopped from collecting additional moneys from the mortgagor/cooperative corporation, Justice Carolyn …
https://www.lexology.com/library/detail.aspx?g=7ad48293-a420-4813-ae42-4e010d34bbed
Dec 13, 2011 · Aceves’ promissory estoppel claim is not based on a promise to make a unilateral offer but on a promise to negotiate in an attempt to reach a mutually agreeable loan modification.Author: Brian Shaffer
https://www.lei-law.com/estoppel-in-family-law-cases/
In the immediately prior edition of this column we looked at Section 61.011, Florida Statutes (2013) and noted that although the statute contains but seven words, the provision could provide Estoppel in Family Law Cases by Luis E. Insignares, P.A. discusses Florida legal statutes.
https://www.crowell.com/documents/Courts-Apply-the-Doctrine-of-Equitable-Estoppel.pdf
In denying the motion, the court found that Reaux had properly pled the requirements for asserting equitable estoppel – (1) a misrepresentation by her employer, (2) reasonable reliance by Reaux on that misrepresentation, and (3) detriment to Reaux occasioned by her reliance.
https://ebialitigation.files.wordpress.com/2014/12/plaintiffs-motion-to-strike-durpos-affirmative-defenses-to-amended-complaint.pdf
rise to a defense of equitable estoppel. Instead, the Second Defense should be stricken with prejudice because the defense of equitable estoppel cannot be founded upon representations by a third party as alleged by Defendants. See Major League Baseball v. Morsani, 790 So. 2d 1071, 1076 (Fla. 2001) (explaining doctrine of equitable estoppel). 13.
https://www.hoganlovells.com/~/media/hogan-lovells/pdf/commercial_litigation_causes_of_action_checklist.pdf?la=en
unmeritorious complaint (see Malicious Prosecution). To state a claim for abuse of process, the plaintiff must prove that the defendant: Caused legal process (either civil or criminal) to be issued. Intended to harm the plaintiff without excuse or justification. Used the process in an improper manner to obtain a collateral objective.
https://www.nolo.com/legal-encyclopedia/what-happens-mortgage-servicer-doesnt-send-me-the-payoff-statement-i-requested.html
What happens if my mortgage servicer doesn't send me the payoff statement that I requested? Learn what a mortgage payoff statement is, how to request one, and and what to do if your mortgage servicer fails to send it. ... then the servicer must provide the payoff statement within a reasonable amount of time. ... Your written complaint should ...
http://courtstreetlaw.com/articles/real-estate-litigation/Equitable-Estoppel-NYSBA2008.html
The doctrine of “equitable estoppel” was applied in a recent case litigated in the Commercial Division of the Kings County Supreme Court. In deciding that a mortgagee was estopped from collecting additional moneys from the mortgagor/cooperative corporation, Justice Carolyn Demarest relied upon the long-standing principle that the courts will not allow a party to “lull” another into inactivity to its detriment.
https://caselaw.findlaw.com/ca-supreme-court/1175956.html
Specifically, the Court of Appeal held an estoppel would arise only in cases of “(1) a deliberate or intentional refusal to provide the required claim form to the employee or (2) false statements made to the employee, all for the purpose of preventing or delaying the completion and filing of a claim …
https://en.wikipedia.org/wiki/Estoppel
Equitable estoppel. Equitable estoppel is the American counterpart to estoppel by representation. Its elements are summarized as: Facts misrepresented or concealed; Knowledge of true facts; Fraudulent intent; Inducement and reliance; Injury to complainant; Clear, concise, unequivocal proof of actus (not by implication) For example, in Aspex Eyewear v.
https://betterchancery.com/2014/12/18/equitable-estoppel-and-enforcement-of-child-support-2/
Dec 18, 2014 · Equitable Estoppel and Enforcement of Child Support December 18, 2014 § 5 Comments Jay Wilson and Joy Stewart were engaged in a contempt action over Jay’s failure to pay child support, alimony, and expenses of the children, based on the parties’ 2003 divorce judgment.
https://www.law.com/dailybusinessreview/2020/02/11/court-you-can-create-coverage-for-estoppel-if-insurers-defense-prejudices-the-insured/
Commentary Court: You Can Create Coverage by Estoppel if Insurer's Defense Prejudices the Insured Insurance companies oftentimes defend their insureds against lawsuits.
https://causeofactionelements.blogspot.com/2017/09/doctrines-of-waiver-vs-estoppel-quasi.html
The supreme court has noted that "the doctrines of waiver and estoppel are frequently referenced together, but they are different." Ulico Cas. Co. v. Allied Pilots Ass'n, 262 S.W.3d 773, 778 (Tex. 2008).Waiver is a party's intentional relinquishment of a known right or its intentional conduct inconsistent with the assertion of that right, and its elements are: "(1) an existing right, benefit ...Author: MOTP
https://www.jimersonfirm.com/blog/2010/10/understanding-the-basics-of-equitable-estoppel-and-using-equitable-estoppel-principles-to-create-insurance-coverage-in-florida/
Oct 26, 2010 · The doctrine of equitable estoppel precludes a person from maintaining inconsistent positions to the detriment of another. Marshall v. Marshall, 386 So.2d 11 (Fla. 5 th DCA 1980). Equitable estoppel is based on principles of fair play and essential justice and arises when one party lures another party into a disadvantageous legal position.
https://law.justia.com/cases/new-york/other-courts/2012/2012-ny-slip-op-51400-u.html
On November 1, 2010 defendants' counsel sent notice to plaintiff's counsel that plaintiff's discovery responses were still outstanding, and as a result defendants would move to strike the plaintiff's complaint for willful failure to provide discovery (id., exhibit F).
https://www.creditinfocenter.com/community/topic/311215-how-do-i-dispute-a-equitable-estoppel-unjust-enrichment-and-promissory-estoppel/
Dec 28, 2011 · In the JDB complaint, they clam Equitable Estoppel, Unjust Enrichment and Promissory Estoppel. I know in my answer I'm suppose to admit or deny the allegations of which the JDB claims in their complaint as well as an affirmative defense. I was wondering, r how I should defend again the Equitable Estoppel, Unjust Enrichment and Promissory Estoppel?
http://www.palegalaid.net/sites/default/files/MORTGAGE%20&%20FORECLOSURE%20CASES.pdf
the following manner. In October of 2006, Appellant filed a complaint in mortgage foreclosure against Appellee. According to the complaint, Appellee owns a home subject to a mortgage for which Appellant is the mortgagee. Appellant averred that Appellee’s mortgage was in default due to Appellee’s failure to pay her monthly mortgage costs.
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