Shoemaker v. Commonwealth Bank

JOHNSON, Judge:

We are asked to determine whether a mortgagor who is obligated by a mortgage to maintain insurance on the mortgaged property can establish a cause of action in promissory estoppel based upon an oral promise made by the mortgagee to obtain insurance. We find no merit in those portions of the instant ease sounding in fraud and breach of contract. We conclude, nevertheless, that a mortgagee’s promise to obtain insurance can be actionable on a theory of promissory es-toppel. Accordingly, on this appeal from the order granting summary judgment to the mortgagee, we affirm in part,…