United States First Circuit

Dismissal of plaintiff's putative class action for damages alleged to have arisen out of defendant's requirement that he maintain flood insurance in an amount sufficient to cover the replacement value of his home, which plaintiff claims was contrary to the parties' mortgage contract, is affirmed, where plaintiff has failed to state a claim for breach of contract or breach of the covenant of good faith and fair dealing, because the first two sentences of Standard Covenant 4 allow the defendant to choose the amount of insurance for "any hazards," and that includes flood insurance because floods are hazards.

Appellate Information

• Decided 09/27/2013
• Published 09/27/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel