First American Title Insurance v. TCF Bank, F.A.

JUSTICE HUTCHINSON,

specially concurring:

I concur in the majority’s judgment. I agree a genuine issue of material fact exists in the form of whether Winnebago requested a release from defendant. However, because I believe the majority does not sufficiently delineate what plaintiffs must prove to be entitled to equitable relief, I write separately to provide the trial court with guidance upon remand.

Initially, the reasonableness of any reliance or expectation forming the basis for equitable relief must be determined in light of section 4.1 of the Interest Act. The majority determined that…