American Driver Service, Inc. v. Truck Insurance Exchange

15 Citing cases

  1. Weisenberger v. Ameritas Mut. Holding Co.

    597 F. Supp. 3d 1351 (D. Neb. 2022)   Cited 2 times

    There is no presumption of a fiduciary relationship between the plaintiff and the defendant merely because they entered into a contract for a policy of dental insurance. Am. Driver Serv., Inc. v. Truck Ins. Exch., 10 Neb.App. 318, 631 N.W.2d 140, 148 (2001). The plaintiff, however, argues that her claim of a fiduciary relationship does not merely rely on the fact that she entered into a contract for a policy of insurance with the defendant.

  2. Mogensen Bros. Land & Cattle Co. v. Mogensen

    29 Neb. App. 56 (Neb. Ct. App. 2020)   Cited 1 times

    A cause of action for an accounting accrues when a plaintiff has the right to maintain and institute a suit. American Driver Serv. v. Truck Ins. Exch. , 10 Neb. App. 318, 631 N.W.2d 140 (2001). Therefore, Steven's cause of action first accrued when he was allegedly excluded from the partnership books, not at the time the partnership was dissolved and there was a winding up. Weyh v. Gottsch, supra , is distinguishable because there was no annual settling up or annual accounting record that each partner had an equal right to access and inspect, as there is in this case.

  3. Ashokkumar v. Elbaum

    932 F. Supp. 2d 996 (D. Neb. 2013)   Cited 9 times
    Finding that plaintiff had alleged a colorable ยง 1983 claim for injunctive relief directing state officials to meaningfully restore her academic standing

    And the plaintiff does not explain how any alleged fiduciary duty would establish a contractual relationship supporting the claim for relief that she has attempted to allege. Some (although not all) contracts can create fiduciary relationships, see Am. Driver Serv., Inc. v. Truck Ins. Exch., 10 Neb.App. 318, 631 N.W.2d 140, 147โ€“48 (2001), but the Court is aware of no authority suggesting that a fiduciary relationship can give rise to a contract.

  4. City of Lincoln v. Windstream Nebraska, Inc.

    800 F. Supp. 2d 1030 (D. Neb. 2011)   Cited 2 times

    Section 25โ€“207(3) has been applied to actions for an accounting, for example. See American Driver Serv. v. Truck Ins. Exch., 10 Neb.App. 318, 631 N.W.2d 140 (2001;) Jones v. Johnson, 207 Neb. 706, 300 N.W.2d 816, 817 (1981) (also applying ยง 25โ€“212). provides: โ€œAn action for relief not hereinbefore provided for can only be brought within four years after the cause of action shall have accrued.โ€

  5. Metro Renovation, Inc. v. Allied Group, Inc.

    389 F. Supp. 2d 1131 (D. Neb. 2005)   Cited 4 times

    ]" Id. at 772-773. The second case which convinces me that Nebraska would adopt the general rule is American Driver Svc., Inc. v. Truck Ins. Exchange, 631 N.W.2d 140 (Neb.Ct.App. 2001) (holding that no fiduciary relationship existed between insured and insurance company providing workers' compensation coverage where insured sued for overpayment of premiums; thus there was no basis for tolling the statute of limitations). In arriving at this decision, the Nebraska Court of Appeals parsed the meaning of Braesch as it regarded first-party claims.

  6. Travelers Insurance Company v. Protemps Inc.

    8:98CV507 (D. Neb. Apr. 16, 2002)

    Proper assessment of a mod factor is an insurer's duty under a workers' compensation policy. American Driver Servs. v. Truck Ins. Exch., 631 N.W.2d 140, 149 (Neb.App. 2001). The question of a party's good faith in the performance of a contract is a question of fact.

  7. In Matter of Kurmel

    CASE NO. BK03-82722, CASE NO. A03-8075 (Bankr. D. Neb. May. 19, 2004)

    In Nebraska, a fiduciary duty "arises out of a confidential relationship which exists when one party gains the confidence of the other and purports to act or advise with the other's interest in mind.American Driver Serv., Inc. v. Truck Ins. Exch., 10 Neb. Ct. App. 318, 324, 631 N.W.2d 140, 145 (2001); Wolf v. Walt, 247 Neb. 858, 870, 530 N.W.2d 890, 898 (1995); Bloomfield v. Nebraska St. Bank, 237 Neb. 89, 465 N.W.2d 144 (1991). As for the fiduciary nature of the relationship of a corporate officer, a corporate officer or director is precluded from acting "in such a manner as to cause or contribute to the injury or damage of the corporation, or deprive it of business[.]"Anderson v. Bellino, 265 Neb. 577, 658 N.W.2d 645, 657 (2003) (quoting 3 W. Fletcher, Cyclopedia of the Law of Private Corporations ยง 861 (rev. perm. ed. 1975)).

  8. Gonzalez v. Union Pac. R.R. Co.

    282 Neb. 47 (Neb. 2011)   Cited 54 times
    Considering alternative grounds for affirming dismissal of complaint for failure to state claim

    FN80. A.W., supra note 2. FN81. American Driver Serv. v. Truck Ins. Exch., 10 Neb.App. 318, 631 N.W.2d 140 (2001). FN82. Degmetich v. Beranek, 188 Neb. 659, 199 N.W.2d 8 (1972).

  9. Crosby v. Luehrs

    266 Neb. 827 (Neb. 2003)   Cited 30 times
    Holding that where fiduciary argues that power of attorney allowed for self-dealing, that power must be specifically authorized in instrument

    Johnson v. Radio Station WOW, 144 Neb. 406, 14 N.W.2d 666 (1944), reversed on other grounds 326 U.S. 120, 65 S. Ct. 1475, 89 L. Ed. 569 (1945) (supplemental opinion). See, Wolf v. Walt, 247 Neb. 858, 530 N.W.2d 890 (1995); Vogt v. Town Country Realty of Lincoln, Inc., 194 Neb. 308, 231 N.W.2d 496 (1975); American Driver Serv. v. Truck Ins. Exch., 10 Neb. App. 318, 631 N.W.2d 140 (2001). Constructive fraud is a breach of a legal or equitable duty which, irrespective of the moral guilt of the fraud-feasor, the law declares fraudulent because of its tendency to deceive others, to violate public or private confidence, or to injure public interests.

  10. Page v. Siedband

    No. A-19-121 (Neb. Ct. App. Nov. 14, 2023)

    See Nelson v. Production Credit Ass'n of the Midlands, 930 F.2d 599 (8th Cir. 1991) (finding no duty of care between lender and borrower in Nebraska law). See, also, Bloomfield v. Nebraska State Bank, 237 Neb. 89, 465 N.W.2d 144 (1991) (relationship between bank and borrower was not, by itself, sufficient to establish that bank owed fiduciary duty to borrower); American Driver Serv. v. Truck Ins. Exch., 10 Neb.App. 318, 631 N.W.2d 140 (2001) (transactions where parties have competing interests are not compatible with fiduciary relationship). Thus, no legal duty exists to support Siedband's negligence cause of action.