Fntic
HSBC Bank USA, N.A. v. Fntic
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