Kolbe v. BAC Home Loans Servicing, LP
Court of Appeals for the First Circuit
1Opinion of the Court
LIPEZ, Circuit Judge.
Appellant Susan Lass is among a number of homeowners in multiple states claiming that their mortgage companies have wrongfully demanded an increase in flood insurance coverage to levels beyond the amounts required by their mortgages. In this case, unlike in the companion case we decide today, Kolbe v. Bank of America, N.A., 695 F.3d 111 (1st Cir.2012), the pertinent mortgage provision explicitly gives the lender discretion to prescribe the amount of flood insurance. We nonetheless conclude that the district court’s dismissal of Lass’s complaint must be vacated. A…
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