Premier Home Restoration, LLC v. Federal National Mortgage Association

Syllabus

The plaintiff, Premier Home Restoration, LLC, appealed following an August 22, 2018 decision of the Superior Court granting judgment on the pleadings in favor of defendants, Federal National Mortgage Association and U.S. Bank National Association. On appeal, plaintiff argued that the hearing justice failed to assume that all the allegations in the complaint were true and that questions of disputed material facts exist which cannot be resolved on a motion for judgment on the pleadings. Thus, the plaintiff further contended that the hearing justice erred in granting the motion for judgment on the pleadings as to its claims for breach of contract, for breach of the implied covenant of good faith and fair dealing, and under the Rhode Island Unfair Trade Practice and Consumer Protection Act. The Supreme Court first held that questions of fact remained as to the ambiguity of terms in the contract and that—in resolving any doubts in favor of the complaining party—it could not determine at this stage that it is clear beyond a reasonable doubt that the plaintiff would not be entitled to relief under any set of conceivable facts. Coincidingly, the Supreme Court then held that the revival of the breach of contract claims clearly demonstrated that there were also questions of fact to be resolved on the claim for breach of the implied covenant of good faith and fair dealing. Finally, the Supreme Court held that the plaintiff did not have standing under the Unfair Trade Practice and Consumer Protection Act, and that, therefore, the granting of the motion for judgment on the pleadings on that count was proper. Accordingly, the Supreme Court affirmed the judgment as to the claim under the Unfair Trade Practice and Consumer Protection Act but vacated the judgment in all other respects.