United States First Circuit
Lass v. Bank of Am., N.A., 11-2037
In a homeowner's putative class action against a mortgage company, alleging that the company wrongfully demanded an increase in flood insurance coverage to levels beyond the amounts required by their mortgage, district court's dismissal of the complaint is vacated and remanded where: 1) plaintiff is entitled to proceed with her breach of contract and related claims; 2) plaintiff's complaint alleges sufficient facts to establish a breach of covenant of good faith and fair dealing that is plausible on its face; and 3) plaintiff is entitled to proceed with the unjust enrichment claim, as well as her claim for breach of fiduciary duty.
Appellate Information
- Decided 09/21/2012
- Published 09/21/2012
Judges
- Lipez
Court
- United States First Circuit