Edwards et al v. Wright National Flood Insurance Co et al
MOTION to Dismiss For Failure to State a Claim Plaintiffs' Claims for Bad Faith, Statutory Penalties, and Wright National Flood Insurance Services, LLC
550 U.S. 544 (2007) Cited 276,716 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Holding that "to survive a Rule 12(b) motion to dismiss, a complaint 'does not need detailed factual allegations,' but must provide the plaintiff's grounds for entitlement to relief-including factual allegations that when assumed to be true 'raise a right to relief above the speculative level.'" (quoting Twombly, 550 U.S. at 555)
Holding that district court was correct to grant defendant's motion to dismiss where a reasonable fact-finder could not find that a prospectus that plaintiff appended to the complaint was misleading
Holding that district court did not err in dismissing doctor's Insurance Code claim where doctor "[could not] argue that he himself relied on the false representations"
Providing "It is therefore the further purpose of this chapter to make available . . . protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground."
An obligor in bad faith is liable for all the damages, foreseeable or not, that are a direct consequence of his failure to perform. La. C.C. § 1997 Acts 1984, No. 331, §1, eff. Jan. 1, 1985. Acts 1984, No. 331, §1, eff. 1/1/1985.
Characterizing the relationship between the federal government and WYO companies as "one of a fiduciary nature" and intended to "assure that any taxpayer funds are accounted for and appropriately expended"
Stating that no provision of the SFI Policy shall be altered, varied, or waived other than by the express written consent of the Federal Insurance Administrator