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Appeals Court Hears Arguments Over Alleged Failure to Cancel Life Insurance, Fraud and Agency Claims
Summary
At oral argument before the Utah Court of Appeals, appellants said counsel and agents failed to cancel a whole-life policy as instructed, causing roughly $250,000 in loan obligations; appellees countered that plaintiffs failed to plead or prove affirmative misrepresentations, raised statute-of-limitations and agency defenses, and urged deference to summary judgment. The court reserved decision.
The Utah Court of Appeals heard oral argument on an appeal arising from investments tied to Lodging/Logic Dynamics and a dispute over whether agents or advisers breached duties by failing to cancel a whole-life insurance policy.
Jefferson Gross, counsel for the appellants (Matt Green, Julian Green and MJG Investments LLC), told the panel that the central inquiry is whether the record presents a genuine issue of material fact for trial. Gross said the insurance agent failed to follow instructions to cancel a whole-life policy and as a result “the principal incurred $250,000 in debt” on two occasions, arguing that failure-to-cancel supports claims for breach of fiduciary duty and negligence.
Why it matters: the timeframe for the alleged failures—appearances in the record point to auto-renewals in July 2016 and July 2017—bears directly on statute-of-limitations defenses and whether any remaining claims are timely.
Caroline Olsen, counsel for appellee Steven Monge, disputed that a freestanding…
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