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· 7/10/2015

West Bend Mutual Insurance Co v. Procaccio Painting & Drywall C

Citations

  • 794 F.3d 666
  • 2015 U.S. App. LEXIS 11946
  • 2015 WL 4153635

How courts have described this case

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

  • “Using equitable estoppel to admit evidence of a separate contemporaneous oral agreement would circumvent the basic purpose of the parol-evidence rule.”
  • applying Illi‐ nois law and refusing to ignore contract’s plain meaning: the “sophisticated contract partner[] [] easily could have included the terms” it wanted to read into the contract
  • applying Illi‐ nois law and refusing to ignore contract’s plain meaning: the “sophisticated contract partner[] [] easily could have included the terms” it wanted to read into the contract
  • discussing section 143.17a of the Insurance Code in the context of workers’ compensation insurance
  • “[Laches] has two elements: ‘lack of due diligence by the party asserting the claim and prejudice to the opposing party.’”
  • “parol evidence may not be used to explain the writing or to introduce terms that contradict the written agreement”

Source: CourtListener parenthetical corpus (CC0).

Judges: Williams, Sykes, Hamilton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.