Good Faith and Fair Dealing (5)

Davala, et al. v. Town of Merrimack, et al., 04-E-247 (Hillsborough, South, Feb. 25, 2005)

The petitioners, James A. Davala, et al., brought this petition in equity against the respondents, the Town of Merrimack and its Board of Selectmen, seeking damages and other relief arising from the respondents' termination of certain retirement benefit plans. The respondents seek summary judgment. For the following reasons, the motion is GRANTED in part and DENIED in part.

Carlisle v. St. Mary's Credit Union, 05-C-0090 (Hillsborough, North, Nov. 10, 2005)

The present matter before the Court is in the opening stages of a potential class action law suit. Amanda Carlisle, the plaintiff, has brought this action on behalf of herself and all others similarly situated against St. Mary's Credit Union ("the defendant" or "St. Mary's''). The plaintiff and other members of the putative class are purchasers of credit life and/or accident and disability insurance issued by Universal Underwriters Life Insurance Company ("UULIC") who financed their purchases through retail installment sales contracts. The defendant is the assignee/holder of the contracts. This case arises out of the defendant's failure to provide notice to UULIC regarding the plaintiffs prepayment of her loan prior to the expiration of the credit insurance coverage and loan terms. The defendant now moves to dismiss the plaintiffs Writ, arguing that the relevant statute, RSA 361-A, fails to provide a private right of action for the plaintiffs claims. The plaintiff objects. On September 8, 2005, the Court held a hearing on this motion. For the reasons stated in this order, the defendant's motion to dismiss is DENIED.

Amoche, et al. v. Guarantee Trust Life Ins. Co., 04-C-674 (Hillsborough, North, Mar. 24, 2005)

The plaintiffs, Frederick Amoche ("Amoche") and Jon Valliere ("Valliere") initiated this cause of action on behalf of themselves and all others similarly situated against the defendant, Guarantee Trust Life Insurance Company ("GTL"). The plaintiffs each purchased credit life and credit disability insurance issued by the defendant insurer, as part of a retail installment sales contract for the purchase of an automobile. The plaintiffs are asserting five claims arising from the defendant's alleged breach of its contractual, statutory and fiduciary obligations to refund unearned premiums to the plaintiffs upon early loan repayment. The defendant now moves to dismiss all counts, arguing that the plaintiffs have failed to state a claim upon which relief may be granted [13]. The defendant also specifically moves to dismiss Valliere's claims. The plaintiffs object. For the reasons stated in this order, the defendant's motion to dismiss is DENIED.

Richard v. Good Luck Trailer Court, Inc. et al., 2007-163 (N.H. S.Ct., Mar. 21, 2008)

BRODERICK, C.J. The plaintiff, Donna Richard, appeals an order entered after a bench trial in the Superior Court (McHugh, J.) ruling that the defendants, Good Luck Trailer Court, Inc. and George Tareila, did not breach either a contract for the sale of real property or an implied covenant of good faith. We affirm.

Strang v. Frisbie Memorial Hospital, 00-C-0021 (Strafford, Jan. 30, 2002)

The plaintiff brings this action alleging the defendant, Frisbie Memorial Hospital ("Frisbie" or "the hospital"), breached a contract arising from the hospital's bylaws when it informed the plaintiff that he should no longer provide coverage for emergency department physicians. Specifically, the plaintiff contends the bylaws, which govern the exercise of medical staff privileges, create contractual rights to "employment opportunity" which the hospital violated by refusing to allow him to work on a part-time basis following his resignation as a full-time employee. In addition, the plaintiff asserts that the hospital breached the covenant of good faith and fair dealing contained in the aforementioned contract. The defendant moves for summary judgment on these claims. The plaintiff objects.
Syndicate content