Abels v. JPMorgan Chase Bank, N.A.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• declining to dismiss claim alleging breach of implied covenant where plaintiffs asserted that defendant \engaged in self-dealing by purchasing insurance from one of its own affiliates\
• rejecting application of filed-rate doctrine based on plaintiffs’ construction of their claim not as challenging the approved rate but rather defendants’ collusion to charge them a particular rate
• declining to dismiss claim alleging breach of implied covenant where plaintiffs asserted that defendant \engaged in self-dealing by purchasing insurance from one of its own affiliates\
• rejecting application of section 627.371 where plaintiffs did not complain of an excessive insurance rate but that defendants acted unlawfully in manipulating the market and setting the particular rate at issue
• “[I]f Plaintiffs have alleged that they conferred a benefit, whether a benefit was actually conferred is a factual question that cannot be resolved on a motion to dismiss.”
• “[A]s long as the implied covenant does not vary the express terms of the contract, the failure to perform a discretionary act in good faith may be a breach of the implied covenant of good faith and fair dealing.”

Source: CourtListener parenthetical corpus (CC0).