Fntic

HSBC Bank USA, N.A. v. Fntic

Good Law
United States Court of Appeals for the Ninth CircuitDecember 9, 202120-15387California535 words

Opinion

Opinion

facts alleged by the nonmoving party as true and drawing all inferences in its favor.

LeGras v. AETNA Life Ins. Co., 786 F.3d 1233, 1236 (9th Cir. 2015). A district

court’s grant of judgment on the pleadings is proper when, “taking all allegations

in the pleading as true, the moving party is entitled to judgment as a matter of

law.” Merchants Home Delivery Serv., Inc. v. Frank B. Hall & Co., 50 F.3d 1486,

1488 (9th Cir. 1995). Dismissals without leave to amend are “appropriate when it

2 is clear that the complaint cannot be saved by further amendment.” Polich v.

Burlington Northern, Inc., 942 F.2d 1467, 1472 (9th Cir. 1991).

Appellant argues that, if it had been allowed leave to amend, it “could have

amended the allegations by including more detail to its claims to assert that

F[NTIC]’s own guidelines and endorsement manuals admit there is coverage under

the ALTA Policy for damages arising from the Nevada HOA Sale.” Reviewing

Appellant’s arguments de novo, we vacate and remand.

First, FNTIC’s insurance manuals are probative as to whether or not FNTIC

knew that the insurance policy and additional addenda were supposed to protect

Appellant from its losses in the…

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