American Bankers Life v. Frederick

2 Citing cases

  1. Mozingo v. Wells Fargo Bank

    Civil Action No. 4:11-cv-522-TLW-KDW (D.S.C. Sep. 26, 2012)

    Thus, summary judgment is also appropriate because there was no ongoing duty to count the Speedway stock after the relationship out of which the duty arose ended. Cf. Am. Bankers Life Assurance Co. of Fla. v. Frederick, 431 S.E.2d 636, 639 (S.C. Ct. App. 1993) (holding there was no breach of fiduciary duty in lawsuit between insurance company and former agent where insurance company alleged that former agent encouraged policyholders to transfer coverage to other insurance companies after the insurance company terminated its agreement with the agent and where there was no evidence of a breach of fiduciary duty while the principal-agent relationship was in effect); Hotz v. Minyard, 403 S.E.2d 634, 637 (S.C. 1991) (holding summary judgment was improperly granted to defendant attorney where there was evidence of a fiduciary relationship between the plaintiff and the attorney at the time the attorney breached a duty by allegedly making misrepresentations to the plaintiff). Moreover, the Court has reviewed the evidence the plaintiff cites in support of his argument that the defendant caused the October 2008 collateral call by ceasing counting the Speedway stock toward the $4.8 million collateral requirement.

  2. Campbell v. Beacon Manufacturing Co.

    313 S.C. 451 (S.C. Ct. App. 1993)   Cited 20 times

    We must look to the language of the contract, and if it is unambiguous, the language alone determines the force and effect of the agreement. AmericanBankers Life Assurance Co. v. Frederick, ___ S.C. ___, ___, 431 S.E.2d 636 (Ct.App. 1993) (Davis Adv. Sh. No. 16 at 31). By the express terms of the contract, Spartan obligated itself to hold Beacon harmless against all judgments, damages, and expenses "arising out of" the acts of any of Spartan's employees.