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Kenty v. Bank One, Columbus, N.A.

67 F.3d 1257 (1995)

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Kenty v. Bank One, Columbus, N.A.

United States Court of Appeals for the Sixth Circuit
67 F.3d 1257 (1995)

AR

Facts

Kenty (plaintiff) sued Bank One, Columbus, N.A. (defendant) under the Racketeer Influenced and Corrupt Organizations Act (RICO). Specifically, Kenty received an auto loan from Bank One that stated Bank One would buy insurance to cover the vehicle if the lendee failed to buy insurance. Kenty did not buy insurance, so Bank One did so. Kenty sued Bank One under RICO when Kenty discovered that the insurance policy also protected Bank One against losses due to repossession or lendee malfeasance and that Bank One received insurance rebates on the policy that Bank One did not tell Kenty about. The policy did state “This Insurance Protects the Interest of the Lender in the Vehicle,” and Bank One sent Kenty notices with the code numbers of all the relative insurance endorsements. However, the policy contained no information about the rebates. The district court granted summary judgment to Bank One, finding Kenty failed to state with particularity a false statement of fact necessary for a RICO violation.

Rule of Law

Issue

Holding and Reasoning (Merritt, C.J.)

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