Bullard v. The Guardian Life Ins. Co. of America
| Docket Number: | 2005-CA-00849-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 11-02-2006 Opinion Author: RANDOLPH, J. Holding: REVERSED AND REMANDED |
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| Additional Case Information: |
Topic: Damage to reputation - Statute of limitations - Section 15-1-49(1) Judge(s) Concurring: SMITH, C.J., WALLER AND COBB, P.JJ., DIAZ, CARLSON AND DICKINSON, JJ. Dissenting Author : EASLEY, J. Concurs in Result Only: GRAVES, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 04-01-2005 Appealed from: Alcorn County Circuit Court Judge: Sharion R. Aycock Disposition: Granted Appellee's Motion for Summary Judgment |
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| Party Name: | Attorney Name: | |||
| Appellant: | TERRY L. BULLARD
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RACHEL MARIE PIERCE, WILLIAM M. BEASLEY |
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| Appellee: | THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA | STEVEN H. BEGLEY, JAMES R. CARROLL, DAVID S. CLANCY, KARA E. FAY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Damage to reputation - Statute of limitations - Section 15-1-49(1) |
| Summary of the Facts: | John Prather, M.D., and his wife Barbara Prather, filed suit against Terry Bullard and The Guardian Life Insurance Company of America about their 1990 purchase of a Guardian life insurance policy. Bullard filed a cross-claim against Guardian, alleging Guardian induced him to sell the Prathers a life insurance policy based upon false and misleading sales presentations, policy illustrations, and other marketing and sales material. The Prathers settled the lawsuit with Bullard and Guardian, and a judgment of dismissal with prejudice was entered. Guardian moved for summary judgment on Bullard’s cross-claim, which the court granted on the basis that Bullard’s claims were barred by the statute of limitations. Bullard appeals. |
| Summary of Opinion Analysis: | Bullard argues that the court erred in holding that the statute of limitations began to run at the time Bullard sold the insurance policy to the Prathers, because his cause of action did not accrue until he first learned of Guardian’s alleged fraud and dishonesty. A cause of action accrues when it comes into existence as an enforceable claim, that is, when the right to sue becomes vested. In 1990 Bullard was without a cause of action, if as he claims he had no knowledge of being involved in an alleged fraudulent scheme, but more importantly, because he had suffered no damage. In the absence of damage, no litigable event arose. Bullard’s cause of action against Guardian did not accrue or occur pursuant to section 15-1-49(1) until the Prathers filed suit against him in 2000. As Bullard’s claim against Guardian did not accrue until 2000, Bullard timely filed a cross-claim in 2002, within the applicable statute of limitations. Thus, the circuit court erred in granting Guardian’s motion for summary judgment. |
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