Narrative Opinion Summary
In this case, the petitioner appealed the Circuit Court of Marshall County's decision granting summary judgment to WesBanco Bank, Inc. and U.S. Bank National Association regarding claims of breach of contract and negligence. The dispute arose from the petitioner's purchase of property purportedly not in a flood zone, which was later determined to be in a Special Flood Hazard Area (SFHA), leading to mandatory flood insurance. The petitioner alleged that WesBanco negligently relied on a flawed flood zone determination and that U.S. Bank breached its contract by requiring flood insurance. The Supreme Court reviewed the lower court's summary judgment de novo, affirming the decision. It found that WesBanco was not negligent, having relied on a ServiceLink determination for its use, and that the petitioner was bound by the 'as is' purchase agreement. Additionally, the court held that U.S. Bank's requirement for flood insurance was consistent with the Deed of Trust, as it acted as the loan servicer and did not breach its contractual obligations. The court affirmed the lower court's ruling, finding no legal error or factual disputes warranting reversal.
Legal Issues Addressed
Breach of Contract for Mandating Flood Insurancesubscribe to see similar legal issues
Application: The court concluded that U.S. Bank did not breach the contract by requiring flood insurance, as it acted within the terms of the Deed of Trust.
Reasoning: U.S. Bank’s actions complied with the Deed of Trust, and the court found no error in concluding that U.S. Bank did not breach the contract but fulfilled its obligations.
Contractual Obligations in 'As Is' Property Salessubscribe to see similar legal issues
Application: The court held that the petitioner was contractually obligated to purchase the property 'as is,' unaffected by subsequent flood zone determinations.
Reasoning: Furthermore, the petitioner was contractually obligated to purchase the property 'as is,' irrespective of the flood zone determination, which did not affect her obligation.
Negligence in Flood Zone Determinationsubscribe to see similar legal issues
Application: WesBanco was not found negligent as it relied on a flood zone determination made by a licensed entity, ServiceLink.
Reasoning: However, the court determined that WesBanco was not negligent, as it relied on a flood zone determination made by ServiceLink, a licensed entity.
Summary Judgment Standardsubscribe to see similar legal issues
Application: The case applied a de novo standard of review for the circuit court's grant of summary judgment, determining no genuine issue of material fact existed.
Reasoning: A de novo standard of review applies to a circuit court's grant of summary judgment, which should only be granted when there is no genuine issue of fact and the record does not support the nonmoving party.