Conrad Bros. v. John Deere Insurance Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing, to constitute a .repudiation, “[t]he statement must be sufficiently positive to be reasonably understood ... that the breach will actually occur” (internal quotation marks omitted)
• “[I]f we permitted an insurer to avoid its contractual obligations by prohibiting all post-loss assignments, we could be granting the insurer a windfall.”
• the need to protect the insurer no longer exists after the insured sustains the loss because the liability is fixed
• a demand for performance on terms that go beyond the contract may constitute repudiation, if coupled with an intent not to perform unless those terms are accepted
• “It is widely recognized that ‘a party may not rely on a condition precedent when by its own conduct it has made compliance with that condition impossible.’” (citation omitted)
• court ruled creditor is entitled to insurance proceeds despite deed in lieu of foreclosure

Source: CourtListener parenthetical corpus (CC0).