· 12/19/1924
National Life Insurance v. Kuykendoll
Citations
- 206 Ky. 361
- 267 S.W. 140
- 1924 Ky. LEXIS 316
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- framing the \dispositive issue [as] whether [the trustee] owed duties to the plaintiffs that were separate from the duties set forth in the [agreements]\
- applying New York law and rejecting an interpretation of the agreements at issue on the ground that it “ignore[d] the plain language . . . treat[ing] registered holders differently from beneficial owners”
- dismissing TIA claims with respect to PSA-governed trusts on this basis
- finding claim stated where plaintiff alleged that Deutsche Bank “did not take action [as trustee] to protect the Trusts because it was engaged in the same servicing misconduct in its role as a sponsor, originator and servicer for other mortgages and RMBS trusts.”
- applying New York law in suit by investors against trustee for breach of fiduciary duty, breach of contract, and negligence in which the court dismissed investors’ breach of the implied duty of good faith and fair dealing claim as duplicative of the breach of contract claim
- “To prevail ultimately on the breach of contract claim, a plaintiff does have to demonstrate breach on a loan-by-loan and trust-by-trust basis.” (cleaned up)
Source: CourtListener parenthetical corpus (CC0).
Judges: Sampson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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