Wilbourn v. Equitable Life Assurance Soc'y of the U.S.
| Docket Number: | 2005-CT-02244-SCT Linked Case(s): 2005-CA-02244-COA ; 2005-CA-02244-COA ; 2005-CT-02244-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 12-11-2008 Opinion Author: Randolph, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Contract - Motion to dismiss - M.R.C.P. 12(b)(6) - M.R.C.P. 56 - Vanishing premiums Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson, Dickinson and Lamar, JJ. Concur in Part, Dissent in Part 1: Graves, J. with separate written opinion. Concur in Part, Dissent in Part Joined By 1: Diaz, P.J. Concurs in Result Only: Easley, J. Procedural History: Dismissal Nature of the Case: CIVIL - CONTRACT Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 11-03-2005 Appealed from: QUITMAN COUNTY CIRCUIT COURT Judge: Kenneth L. Thomas Disposition: The trial court granted Equitable's motion to dismiss. Case Number: 2004-0043 |
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| Note: | This opinion reverses and remands a pervious opinion by the COA. See the COA opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO41438.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jane M. Wilbourn As Trustee of the James G. Wilbourn Irrevocable Trust |
Richard E. Wilbourn, III |
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| Appellee: | The Equitable Life Assurance Society of the United States and William J. Byrd | W. Wayne Drinkwater, Jr.; Stephen L. Thomas; Margaret Oertling Cupples; Jeffrey R. Blackwood; John Alexander Purvis; Danielle Daigle Ireland; G. Todd Burwell; W. Jeffrey Collier; William Larry Latham | ||
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: | Contract - Motion to dismiss - M.R.C.P. 12(b)(6) - M.R.C.P. 56 - Vanishing premiums |
| Summary of the Facts: | Jane Wilbourn, as Trustee of the James G. Wilbourn Irrevocable Trust, filed suit against Equitable Life Assurance Society of the United States and its agent, William Byrd. The Trust’s twenty-five-count complaint sought actual and punitive damages based upon the alleged fraudulent concealment and oral misrepresentations of Equitable, through Byrd, regarding “vanishing premiums” on a whole life insurance policy issued to the Trust in 1986. The circuit court granted the Motion to Dismiss of Equitable and Byrd, based upon the statute of limitations. On appeal, the Mississippi Court of Appeals deemed the statute of limitations issue to be dispositive and affirmed. The Supreme Court granted certiorari. |
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