United States First Circuit

In a putative class action against a mortgage company claiming that plaintiff was improperly forced to increase flood insurance coverage, the judgment of the district court is: 1) vacated where plaintiff's breach of contract claims must be reinstated as the mortgage is reasonably susceptible to an understanding that supports plaintiff's breach of contract claim; 2) vacated where the complaint alleges sufficient facts to establish a breach of the covenant of good faith and fair dealing that is plausible on its face; and 3) affirmed as to judgment in favor of the insurance company where its alleged involvement in the matter was limited to preparing and sending the letters notifying plaintiff that he needed to purchase additional flood insurance.

Appellate Information

• Decided 09/21/2012
• Published 09/21/2012

Judges

• Lipez

Court

• United States First Circuit

Counsel