W.E. Erickson Construction, Inc. v. Chicago Title Insurance

How courts have described this case

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

• holding that a policy is not illusory if it “clearly covers losses” in at least some circumstances
• explaining that an illusory promise is one that appears to be a promise, but closer examination reveals that the promisor has not promised to do anything
• explaining that an illusory promise is one that appears to be a promise, but closer examination reveals that the promisor has not promised to do anything.
• the contract created the exclusive remedy of allowing a recovery for only the losses suffered in reliance on the commitment
• prejudice found where new allegations required a substantially different defense which, in turn, required separate investigation
• “Had [the insured] relied on the commitment in its acquisition of the Crestwood property only to discover that the federal government owned the property, [the insured] would be entitled to damages. It is also undisputed that the chronology of this case makes such reliance an impossibility.”

Source: CourtListener parenthetical corpus (CC0).