Legal Opinion · Dissent

Arbors at Sugar Creek Homeowners Ass'n v. Jefferson Bank & Trust Co.

Supreme Court of Missouri

Decided June 30, 2015No. SC 94693Published

1DissentRichard B. Teitelman, Judge

I respectfully dissent from the principal opinion to the extent it holds that Jefferson Bank’s actions.did not violate the implied covenant of good faith and fair dealing.1 “Good faith is an ‘obligation imposed by law'to prevent opportunistic behavior, that is, the exploitation of changing economic conditions to ensure gáins in excess of those reasonably expected at the time of contracting.’ ” Frontenac Bank v. T.R. Hughes, Inc., 404 S.W.3d 272, 280 (Mo.App.2012) (quoting Schell v. LifeMark Hospitals of Missouri, Inc., 92 S.W.3d 222, 230 (Mo.App.2002)). Missouri courts have recognized that a…

2Cases cited5 opinions

  1. Koger v. Hartford Life Insurance Co.Missouri Court of Appeals · 2000
  2. Martin v. Prier Brass Manufacturing Co.Missouri Court of Appeals · 1986
  3. Schell v. LifeMark Hospitals of MissouriMissouri Court of Appeals · 2002
  4. Frontenac Bank v. T.R. Hughes, Inc.Missouri Court of Appeals · 2012
  5. Rocky Ridge Ranch Property Owners Ass'n v. Areaco Investment Co.Missouri Court of Appeals · 1999

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API