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Great Western Sav. v. George W. Easley

778 P.2d 569 (Alaska 1989)
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Great Western Sav. v. George W. Easley

4 Citing cases

  1. Sycks v. Transamerica Life Ins. Co.

    643 F. Supp. 3d 959 (D. Alaska 2022)

    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.

  2. Aspen Am. Ins. Co. v. Morrow

    643 F. Supp. 3d 941 (D. Alaska 2022)

    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.

  3. 2002 Lawrence R. Buchalter Alaska Trust v. Phila. Fin. Life Assurance Co.

    96 F. Supp. 3d 182 (S.D.N.Y. 2015)   Cited 60 times
    Finding that the plaintiffs failed to state a negligence claim where they did "not allege[] the breach of a legal duty independent from [d]efendant's contractual obligations"

    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.

  4. Alaska Continental, Inc. v. Trickey

    933 P.2d 528 (Alaska 1997)   Cited 15 times
    Holding that contract to provide borrower with funds to pay his debts did not give creditors right to enforce contract as third-party beneficiaries since rights vest in creditor only when lender promises to make payment directly to creditor; borrower's intervening agency disrupted any relationship between creditor and lender

    Cases cited by ACI II are consistent with this conclusion. ACI II contends that Great Western Sav. Bank v. George W. Easley Co., 778 P.2d 569 (Alaska 1989), establishes its third party beneficiary status. In that case, we did hold that the defendant lender's loan to a borrower created enforceable rights in a third party creditor.