Carter, et al. v. Citigroup Inc., et al.
| Docket Number: | 2005-CA-00039-SCT Linked Case(s): 2005-CA-00039-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 07-20-2006 Opinion Author: EASLEY, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Insurance - Statute of limitations - Section 15-1-49 - Fraudulent concealment Judge(s) Concurring: SMITH, C.J., WALLER AND COBB, P.JJ., CARLSON AND DICKINSON, JJ. Non Participating Judge(s): DIAZ AND RANDOLPH, JJ. Dissenting Author : GRAVES, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 12-20-2004 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: Granted Appellee's Motion for Summary Judgment & dismissed the Appellant's claims against the Appellee Case Number: 02-34 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Stacey Carter, Donnell Baylous, Bessie Y. Baylous, Jerry Harmon, Tina Harmon, Walter Henderson, Yumeka Henderson, Wannis D. Siddell and Delores Siddell |
J. BRAD PIGOTT, J. DOUGLAS MINOR |
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| Appellee: | Citigroup Inc., Citifinancial Mortgage Company, Inc., Associates Financial Life Insurance Company and American Health and Life Insurance Company | RICHARD CARLTON KELLER, KERMIT LAGUIN KENDRICK |
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| Topic: | Insurance - Statute of limitations - Section 15-1-49 - Fraudulent concealment |
| Summary of the Facts: | Fifteen plaintiffs filed suit against nine defendants, alleging that alleged that Southern Mortgage Company breached its fiduciary duties by inducing them to buy overpriced credit life insurance with their loans. Southern Mortgage is not a party in this action. However, the plaintiffs claimed that the defendants induced Southern Mortgage to breach its fiduciary duties to the plaintiffs. In the course of the litigation, the claims of seven plaintiffs were dismissed because these plaintiffs previously agreed to arbitration against the defendants. These eight plaintiffs later voluntarily dismissed all their claims against four of the original nine defendants. The remaining defendants filed a motion for summary judgment which the court granted. The plaintiffs appeal. |
| Summary of Opinion Analysis: | The plaintiffs alleged breach of fiduciary duty, conspiracy, negligent misrepresentation, and negligent supervision. The three-year statute of limitations found in section 15-1-49 applies to actions for fraudulent concealment, negligent hiring, and concealment. All of the plaintiffs obtained copies of their loan documents. The insurance disclosure form stated that the credit life insurance was not required to obtain the loan. Further, the disclosure form stated the purchase price of the credit life insurance. The plaintiffs’ claims were governed by the three-year statute of limitations and the claims accrued at the time the loan documents were executed. All of the claims were filed almost four or more years after the loan agreements were executed. The plaintiffs did not state that Southern Mortgage made misrepresentations to them after they closed their loans. Most of the testimony indicated that none of the plaintiffs had conversations with any of the defendants; therefore, no misrepresentations or subsequent acts of concealment were made by the defendants. Also, nothing in the deposition testimony indicates that the defendants prevented the discovery of any alleged claims. Therefore, there was no fraudulent concealment which tolled the statute of limitations. |
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