It has just been held under Florida law, that allegations of Breach of the Implied Covenant of Good Faith and Fair Dealing, which is implied in all contracts, state a claim or cause of action against Mortgage Servicers, Lenders, and Insurance Companies in a lawsuit involving force-placed (or forced-placed) Insurance. Kunzelman v. Wells Fargo Bank, N.A., 2012 WL 2003337 *5 (S.D. Fla. June 4, 2012), Download Kunzelmann v. Wells Fargo Bank (S.D. Fla. No. 9.11.cv.81373, Order Entered 06.01.12, Filed 06.04.12) PUBLIC RECORD. In particular, the Court pointed out these allegations as the bases for its ruling:
In his Complaint, Plaintiff alleges that Defendants breach their implied duty of good faith and fair dealing by, among other things, choosing an insurance policy in bad faith and in contravention of the parties' reasonable expectations, failing to seek competitive bids for the insurance policies, and selecting insurance companies that would pay unearned kickbacks to Defendants. (DE 37 at ΒΆ 78). Accordingly, I find that Plaintiff has sufficiently pleaded his claim for breach of the covenant of good faith and fair dealing and therefore dismissal is not appropriate.
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