Meardon v. Register, No. 19-3258 (8th Cir. 2021)
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Plaintiff filed suit against defendant, alleging six claims under Iowa law: (1) fraudulent or intentional misrepresentation; (2) negligent misrepresentation; (3) breach of contract; (4) unjust enrichment; (5) misappropriation of trade secrets; and (6) breach of fiduciary duty. Plaintiff's claims arose from statements and actions that followed the sudden death of plaintiff's husband and involved defendant, the husband's business partner. The district court dismissed all claims.
The Eighth Circuit concluded that plaintiff sufficiently state a claim for breach of contract as to the sale of life insurance to RK where plaintiff's accusations were sufficient to plead consideration in support of the contract. In this case, there was consideration for the agreement in that defendant was to receive an override commission upon sale of the insurance products and plaintiff agreed not to take her client's insurance business to another agent. The court also concluded that the district court erred in granting defendant's motion to dismiss on plaintiff's unjust enrichment claim as related to the RK insurance sale; plaintiffs sufficiently stated a claim for breach of fiduciary duty; and, to the extent plaintiff's claims for fraud or negligent misrepresentation related to the sale of life insurance products to plaintiff's client, the claims were sufficient to survive a motion to dismiss. Accordingly, the court reversed and remanded for further proceedings.
Court Description: [Melloy, Author, with Smith, Chief Judge, and Loken, Circuit Judge] Civil case - Contracts. Plaintiffs adequately pleaded a breach of contract based on an oral agreement under which plaintiff Kathleen was to receive commissions on the purchase of life insurance policies by her client; there was consideration for the agreement in that defendant was to receive an override commission upon sale of the insurance products and plaintiff agreed not to take her client's insurance business to another agent; plaintiffs also pleaded the basic elements of a claim for unjust enrichment and a claim for breach of fiduciary duty; further, to the extent plaintiffs' claims for fraud or negligent misrepresentation related to the sale of life insurance products to Kathleen's client, the claims were sufficient to survive a motion to dismiss; the order dismissing these claims is reversed and the matter is remanded for further proceedings.
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