A plaintiff must also show that they suffered damages. See Great W. Sav. Bank v. George W. Easley Co., 778 P.2d 569, 577-78 (Alaska 1989) (holding that alleging a contractual obligation, a breach of that obligation, and a suffering of damages is sufficient under Alaska's notice-pleading standard to state a claim for breach of contract and survive a motion to dismiss). Whether a breach of contract has occurred is a question of fact.

Id. at 32. Great W. Sav. Bank v. George W. Easley Co., J.V., 778 P.2d 569, 577 (Alaska 1989). The Kellys have sufficiently plead that they had a contract with loanDepot and they suffered damages.

However, Alaska is a notice pleading state. Alaska R. Civ. P. 8(a); see also Great Western Savings Bank v. George W. Easley Co., 778 P.2d 569, 577 (Alaska 1989). Civil Rule 8(a) requires only a "short and plain statement of the claim" that will give the defendant fair notice of the claim and the grounds upon which it rests. Great Western, 778 P.2d at 577.

Although the district court determined there was no genuine issue of material fact relevant to whether Hawthorne had acted willfully or maliciously, these are not elements of an unfitness of premises or breach of contract claim. See Newton v. Magill, 872 P.2d 1213, 1217 (Alaska 1994) (requiring "reasonable care" for actions under A.S. § 34.03.100); Great W. Sav. Bank v. George W. Easley Co. J.V., 778 P.2d 569, 577-78 (Alaska 1989) (breach of contract action). For purposes of adjudicating Ellison's claim, it is irrelevant that Ellison would need to establish these elements to ensure that any damage award would be nondischargeable in bankruptcy.

As such, there could still be a plausible meeting of the minds as to a payment of a UCR in the 80th percentile unrelated to the Alaska law as shown by the parties' course of dealing and the alleged industry norm. See Great W Sav. Bank v. George W Easley Co., 778 P.2d 569, 577-78 (Alaska 1989) (holding that complaint alleging that defendant “had a contractual obligation to make direct payments to” plaintiff, defendant “breached this contract,” and plaintiff “suffered damages” was sufficient for purposes of pleading breach of contract claim). Ashcroft, 556 U.S. at 678 (citation omitted).

Having alleged that they paid Defendant for the Policy and were damaged by Defendant's failure to meet its contractual commitment to provide coverage, Plaintiffs have met the requirements of Rule 8(a) needed to survive a 12(b)(6) motion to dismiss.See Great W. Sav. Bank v. George W. Easley Co., 778 P.2d 569, 577-78 (Alaska 1989) (finding a complaint for breach of contract sufficiently stated a claim for which relief could be granted because it alleged that a contractual obligation existed, the defendant breached the contract, and the plaintiff suffered damages). Docket 26 at 5-6.

For the Lyons to prevail on their cross-claim, which sounds in Alaska contract law as a breach-of-contract claim, they must establish the existence of an agreement requiring Defendant to pay them for the vessel, a breach of that agreement, and damages resulting from the breach.See Great W. Sav. Bank v. George W. Easley Co., 778 P.2d 569, 577-78 (Alaska 1989) (finding a complaint for breach of contract sufficiently stated a claim for which relief could be granted because it alleged that a contractual obligation existed, the defendant breached the contract, and the plaintiff suffered damages). The Lyons established the underlying facts in their cross-claim, which the Court deems to be true, and in their memorandum and declarations supporting their motion for default judgment.

But she does not identify a contractual provision that requires the insurer to so explain its coverages and limitations to her, and indeed there appears to be none in the agreement.Great W. Sav. Bank v. George W. Easley Co., J.V., 778 P.2d 569, 577 (Alaska 1989). ECF No. 25 at ¶¶ 13-20.

Under Alaska law, “[i]n order to assert a claim for breach of contract, a plaintiff must generally allege: (1) the existence of a contract; (2) breach; (3) causation; and (4) damages.” Nicdao v. Chase Home Fin., 839 F.Supp.2d 1051, 1068 (D.Alaska 2012) (citing Great W. Sav. Bank v. George W. Easley Co., 778 P.2d 569, 577–78 (Alaska 1989) ; Winn v. Mannhalter, 708 P.2d 444, 450 (Alaska 1985) ). Under New York law, the elements of a cause of action for breach of contract are “(1) the existence of a contract between [the plaintiff] and [the] defendant; (2) performance of the plaintiff's obligations under the contract; (3) breach of the contract by [the] defendant; and (4) damages to the plaintiff caused by [the] defendant's breach.

To assert a claim for breach of contract under Alaska law, a plaintiff must allege: (1) existence of a contract; (2) breach; (3) causation; and (4) damages. Nicdao v. Chase Home Fin., No. 3:10-cv-00192-TMB, 2012 WL 882550, at * 8 (D. Alaska Mar. 13, 2012) (citing Great W. Sav. Bank v. George W. Easley Co., 778 P.2d 569, 577-78 (Alaska 1989)). 1. Plaintiff's Claim for One Percent of Gross Revenues