Gregory v. Central SEC. Life Ins. Co.

953 So. 2d 233, 2007 WL 1017758
CourtMississippi Supreme Court
DecidedApril 5, 2007
Docket2005-CA-01825-SCT
StatusPublished
Cited by5 cases

This text of 953 So. 2d 233 (Gregory v. Central SEC. Life Ins. Co.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gregory v. Central SEC. Life Ins. Co., 953 So. 2d 233, 2007 WL 1017758 (Mich. 2007).

Opinion

953 So.2d 233 (2007)

William H. GREGORY, deceased, by and through his Co-Executors, William H. GREGORY, Jr., and Robert Hood Gregory; and Betty Sue Gregory
v.
CENTRAL SECURITY LIFE INSURANCE COMPANY, successor in interest to Andrew Jackson Life Insurance Company.

No. 2005-CA-01825-SCT.

Supreme Court of Mississippi.

April 5, 2007.

*234 William R. Couch, Richard Joseph Lajaunie, and Grant M. Fox, Tupelo, attorneys for appellants.

Thomas Wicker, Tupelo, attorney for appellee.

Before SMITH, C.J., CARLSON and RANDOLPH, JJ.

RANDOLPH, Justice, for the Court.

STATEMENT OF THE CASE

¶ 1. This appeal arises out of a dispute over two insurance policies purchased by William and Betty Sue Gregory ("the Gregorys"). The Gregorys seek to hold liable Central Security Life Insurance Company ("Central Security"), which purchased the assets of an insolvent insurer, Andrew Jackson Life Insurance Company ("Andrew Jackson"), for the alleged tortious activities of Andrew Jackson.

¶ 2. On January 5, 1984, the Gregorys were sold two life insurance policies by an agent of Andrew Jackson, Earl Wayne Stevens ("Stevens"). Stevens is not and has never been an employee or agent of Central Security. The policy listed Kathy Etheridge ("Etheridge"), the Gregorys' daughter, as both the owner and beneficiary of the policies. The Gregorys claim Stevens represented to them that these *235 policies were "vanishing premium" policies. The vanishing premium concept is that after a certain period of time the policy will accumulate value sufficient to pay the premiums. The Gregorys claim this was a strong selling point for them and that when they purchased the policies, they understood they would have to pay premiums of $9,000 a year for five to seven years and then the premium payments would "vanish." However, the record reflects that on May 10, 1989, Etheridge (at the Gregorys' home address), received a letter from Andrew Jackson stating interest rates had dropped since the policy was purchased, and that in order to sustain the Gregorys' coverage, additional premiums would have to be paid.

¶ 3. Subsequently, Andrew Jackson became insolvent and was liquidated. Central Security entered into an Agreement for Assumption Reinsurance ("Agreement") with the National Organization of Life and Health Insurance Guaranty Associations ("NOLHGA") to perform certain contractual obligations of Andrew Jackson arising on or after January 1, 1993. These "Covered Obligations" included: "[T]he obligations of such guaranty association for the performance of the contractual obligations of AJL, which pursuant to its state governing law, as the result of the insolvency of AJL, have arisen in connection with the insurance policies and annuities of AJL." (emphasis added).

¶ 4. In 2001, the Gregorys received a notice from Central Security that stated that in order to continue their policies, the Gregorys would be required to pay additional premiums as a result of declining interest rates. In 2002, the Gregorys filed a Complaint against Central Security, as successor in interest to Andrew Jackson, and Stevens. In their Complaint, the Gregorys averred that Stevens individually made false and misleading representations to them in a deliberate attempt to induce the Gregorys to purchase the policies. The Gregorys claimed all defendants engaged in false and misleading sales representations. Further, the Gregorys alleged in their Complaint the following:

(1) All Defendants fraudulently misrepresented the performance of their policies; (2) All Defendants fraudulently concealed material facts regarding the vanishing premium concept; (3) Andrew Jackson intentionally failed to properly train and supervise its agents; (4) Central Security knew, or reasonably should have known at the time it assumed the Gregorys' insurance policy, of the fraudulent and misleading representations, but has continually failed to take any action to correct the misrepresentations or to compensate the Gregorys; (5) Andrew Jackson and Central Security engaged in a deliberate course of conduct which concealed from the Gregorys the nature and extent of the deceptive sales practices; (6) That the actions of Andrew Jackson and Central Security constituted a breach of contract, negligent misrepresentation, fraud, fraudulent representation, fraudulent inducement, unjust enrichment, and/or fraudulent concealment.

¶ 5. The Gregorys also demanded judgment against Central Security and Stevens jointly and severally in a total sum to include punitive damages and all costs of the action. Although they alleged several issues in their Complaint, the only conceivable claim the Gregorys could have against Central Security is for breach of contract.

¶ 6. Stevens filed an Answer, individually, claiming any actions he took in selling the policies were in connection with the representation, solicitation, sale or service of products of Andrew Jackson solely while he was acting in the course and scope of his employment as an agent of Andrew *236 Jackson. Stevens claimed he in good faith relied on information provided to him by Andrew Jackson and that if any statements he made were incorrect or false, Stevens was not aware of this and reasonably believed them to be true and correct. Stevens asserted various defenses and demanded that the Complaint against him be dismissed. Additionally, Central Security filed an Answer and Defenses. Central Security asserted that upon entering the Agreement to assume the policies of Andrew Jackson, it did not assume any liability based on actions or events prior to the date the policies were assumed or any liability arising out of or relating to any act or omission of Andrew Jackson or its agents.

¶ 7. On November 23, 2004, Central Security filed a Motion to Dismiss or in the alternative, Motion for Summary Judgment. Central Security asserted, inter alia, that its involvement with the policies did not occur until eight years after the issuance of the policies and Central Security had no involvement with the sale or issuance of the policies. Further, Central Security claimed the Complaint should be dismissed pursuant to Mississippi Rules of Civil Procedure 12(b)(6) and 17 for failure to join the real party in interest, Etheridge, the sole owner and beneficiary of the policy. Stevens joined in Central Security's Motion. The Gregorys filed a Response to Central Security's Motion, stating they had standing to bring the action because they purchased the policies and they were the ones to whom the misrepresentations were made.

¶ 8. In 2005, the parties appeared in the Circuit Court of the Second Judicial District of Chickasaw County to argue Central Security's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment. The trial court issued an Order of Summary Judgment for Central Security, finding that Central Security was not responsible for any misrepresentations or omissions of Andrew Jackson and that the Gregorys failed to demonstrate any genuine issue of material fact. The Order of Summary Judgment stated that the cause against Central Security was fully and finally dismissed. The order does not mention Stevens.

¶ 9. The Gregorys filed a Motion to Reconsider the Order Granting Summary Judgment, to which Central Security filed a Response. The Motion to Reconsider was denied by order of the trial court. It is from the denial of this motion that the Gregorys appeal.

¶ 10. The Gregorys present the following issues for appeal:

I.

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Cite This Page — Counsel Stack

Bluebook (online)
953 So. 2d 233, 2007 WL 1017758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-v-central-sec-life-ins-co-miss-2007.