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Susan Lass v. Bank of America, N.A., and Bac Home Loans Servicing, L.P

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Before Boudin, Lipez, and Thompson, Circuit Judges.

Appellant Susan Lass is among a number of homeowners in multiple states claiming that their mortgage companies have wrongfully demanded an increase in flood insurance coverage to levels beyond the amounts required by their mortgages. In this case, unlike in the companion case we decide today, Kolbe v. Bank of America, N.A., No. 11-2030, the pertinent mortgage provision explicitly gives the lender discretion to prescribe the amount of flood insurance. We nonetheless conclude that the district court’s dismissal of Lass’s complaint must be vacated. A supplemental document given to Lass at her real estate closing, titled “Flood Insurance Notification,” reasonably may be read to state that the mandatory amount of flood insurance imposed at that time would remain unchanged for the duration of the mortgage. Given the ambiguity as to the lender’s authority to increase the coverage requirement, Lass is entitled to proceed with her breach of contract and related claims.

I.

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