Delgado v. Costello

OPINION

WOOD, Chief Judge.

Plaintiff’s appeal involves the sufficiency of the amended complaint. The trial court granted defendants’ motions to dismiss on the ground the amended complaint “fails to state a claim upon which relief can be granted as a matter of law”. There are four claims—fraud, constructive fraud, negligent misrepresentation, and reformation of an insurance policy. All claims involve the coinsurance clause of a fire insurance policy. We discuss: (1) allegation of fraud; (2)duty of disclosure; and (3) pleading a claim under the doctrine of reasonable expectations. Dismissal was…