Pham v. State Farm Mutual Automobile Insurance Co‪.‬

The defendants appeal from the judgment of the trial court rendered after the court granted the plaintiffs motion for summary judgment. The defendants claim that the trial court improperly found that no issue of material fact existed as to the defendants special defenses and counterclaim. The defendants argue that issues of material fact existed as to whether (1) the plaintiff failed in its duty to notify the defendants of foreclosure proceedings affecting a collaterally assigned mortgage, (2) such alleged failure constituted a breach of the implied covenant of good faith and fair dealing that existed between the parties, (3) such alleged failure should result in the plaintiffs being equitably estopped from collecting the debt owed by the defendants, and (4) the plaintiff made an election of remedies under General Statutes § 42a-9-505 (2). We affirm the judgment of the trial court.