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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/resndrn0014 and id is 1 raw text is: RESTITUTION 2D Work on the Restatement Second of Restitution was suspended after the publication of two Tentative Drafts in 1983 and 1984. CHAPTER 1. UNDERLYING PRINCIPLES OF RESTITUTION § 1. The General Principle: Unjust Enrichment D.Md.2019. Quot. in case quot. in sup. (citing § 1 of T.D. No. 1, 1983). Insurer sued insurance broker, alleging, among other things, that broker breached the exclusivity clause in the parties' marketing agreement by negotiating with another insurer, and that broker unjustly enriched itself by accepting and retaining insurer's services without payment. This court denied broker's motion to dismiss, holding that insurer plausibly alleged that broker obtained the benefit of insurer's payments while violating its promises not to compete against insurer under Restatement of Restitution § 1 and Restatement Second of Restitution § 1. The court rejected broker's argument that insurer's unjust-enrichment claim failed because insurer was party to an express contract governing the subject matter of that claim, noting that it would be premature for the court to conclude, prior to discovery, that the agreement would necessarily govern the subject matter at issue, given that the existence of the agreement was disputed. Transamerica Premier Life Insurance Company v. Selman & Company, LLC, 401 F.Supp.3d 576, 598. COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALI

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