Tag Archives: Constructive Fraud

Insurance – Disability – Breach of Contract – Civil Practice – Statute of Limitations – Constructive Fraud (access required)

Lawley v. Liberty Mutual Group, Inc. If defendants breached their disability insurance contract with plaintiff, they did so when they denied her claim on March 28, 2003, not every time a monthly disability payment was due. Plaintiff’s June 27, 2011 complaint was not timely filed.

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Tort/Negligence – Constructive Fraud – Financial Advisor – First Impression – Fraud – Unfair Trade Practices (access required)

Kettle v. Leonard Where defendant held himself out to be a financial advisor, invited plaintiffs to place their trust and confidence in him, and convinced plaintiff to invest in the businesses and annuities that he recommended, defendant owed plaintiffs a fiduciary duty.

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Civil Practice – Statutes of Limitations – Tort/Negligence – Fraud – Real Property Conveyance – Constructive Fraud – Joint Bank Accounts (access required)

Dixon v. Gist Even though the parties’ pleadings reveal that plaintiff should have discovered any fraud in her real property conveyance more than three years before she filed suit, she nevertheless filed suit less than three years after defendants allegedly breached their fiduciary duty to her and converted the funds in her bank account.

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Civil Practice – Statute of Limitations – Tort/Negligence – Breach of Fiduciary Duty – Constructive Fraud (access required)

Orr v. Calvert In his dissent, Judge Hunter disagreed that the 10-year statute of limitations had run against an unlicensed defendant who allegedly sold securities and obtained commissions from such sales. Judge Hunter also found that plaintiffs adequately alleged the placing of trust in defendant. For the reasons stated in the dissenting opinion, the Court of Appeals’ decision is reversed.

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Domestic Relations – Tort/Negligence – Constructive Fraud – Separation Agreement – Disclosure of Assets (access required)

Searcy v. Searcy Since the parties were still living together and had not yet hired counsel when they disclosed their assets in anticipation of separating, the husband had a fiduciary duty to make a full disclosure. The separation agreement does not mention two promissory notes that the husband received payment on soon after the parties separated.

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Contract – Master Agreement – Breach of Contract – Fraud – Constructive Fraud – Negligent Misrepresentation – Interference with Contract – Summary Judgment (access required)

  Crockett Capital Corp. v. Inland American Winston Hotels, Inc. (Lawyers Weekly No. 11-15-0257, 51 pp.) (Judge Ben F. Tennille) On cross motions for summary judgment. N.C. Bus. Ct. Click here for the full text of the opinion. Holding: The ...

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