Legal Opinion
Daniel Avila v. CitiMortgage, Incorporated
Court of Appeals for the Seventh Circuit
Decided September 4, 2015No. 14-1949PublishedCited by 84 opinions
1Opinion of the Court
SYKES, Circuit Judge.
Daniel Avila alleges that CitiMortgage, Inc., violated a fiduciary duty and breached its mortgage agreement with him by using the payout from his homeowner’s insurance policy to pay down his loan rather than repair his damaged house. The district court dismissed Avila’s suit — a proposed class action — for failure to state a claim, reasoning that (1) his allegations do not support a fiduciary duty on CitiMort-gage’s part; and (2) Avila was barred from pursuing his contract claim because he had materially defaulted on his own contractual obligations by missing several…
2Cases cited28 opinions
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- Central Illinois Light Co. v. Home InsuranceIllinois Supreme Court · 2004
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3Cited by84 opinions
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