In a dispute involving a set of contracts between four corporations, summary judgment for defendants is reversed and remanded for entry of summary judgment in favor of plaintiffs and calculation of damages where: 1) proper construction of the Program Agreement and the Insurance Policy does not allow defendant to unilaterally cancel individual insurance policies, and any existing coverage would survive termination of the Program Agreement, as the language of the Agreement is unambiguous; 2) the continuation proviso in the Finance Agreement would be rendered meaningless under defendant’s reading, and when general language is in conflict with more specific language, the specific language controls; and 3) plaintiff’s claim that defendant breached the implied covenant of good faith and fair dealing fails because under New York law, it is duplicative of a breach of contract claim.
Read Am. Lease Ins. Agency Corp. v. Balboa Capital Corp., No. 08-2414
Appellate Information
Appeal from the United State District Court for the District of MassachusettsDecided August 26, 2009
Judges
Before Torruella, Circuit Judge, Tashima, of the Ninth Circuit, sitting by designation. Opinion by Torruella, Circuit Judge.
Counsel
For Appellant: James C. Donnelly, Jr., Michael R. Christy and Mirick, O’Connell, DeMallie & Lougee, LLP.
For Appellee: Alan A. Heller, Heller, Horowitz & Feit, P.C.
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