Legal Opinion
Swain v. Wells Fargo Bank, N.A.
District Court, N.D. Ohio
Decided September 18, 2014No. Case No. 3:13 CV 1727PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER DISMISSING CLASS ACTION COMPLAINT
JACK ZOUHARY, District Judge.
Introduction
This Court must decide whether mortgage language requiring minimum flood insurance, crafted by a federal agency and appearing in millions of contracts, bars a lender from demanding flood insurance coverage equal to replacement cost.
Plaintiff Ashley Swain (“Swain”) argues “yes,” or as a fallback, “perhaps.” Argu*853ing “yes,” she claims the relevant language only allows a lender to demand flood insurance coverage in the amount required by federal law, which is less than replacement cost. Arguing…
2Cases cited17 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Foman v. DavisSupreme Court of the United States · 1962
- Hambleton v. R.G. Barry Corp.Ohio Supreme Court · 1984
- Savedoff v. Access Group, Inc.Court of Appeals for the Sixth Circuit · 2008
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Montoya v. PNC Bank, N.A.District Court, S.D. Florida · 2015