(DOWNLOAD) "Robert Fred Vutci v. Indianapolis Life" by Court of Appeals of Michigan * eBook PDF Kindle ePub Free
eBook details
- Title: Robert Fred Vutci v. Indianapolis Life
- Author : Court of Appeals of Michigan
- Release Date : January 02, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
On January 22, 1985, plaintiff, Robert Fred Vutci, personal representative of the estate of Peter Vutci, deceased, filed suit alleging that defendants, Indianapolis Life Insurance Company (ILIC) and its agent, Nancy J. Adams, had acted negligently in persuading Peter Vutci to cancel his existing life insurance policy and to purchase a replacement policy. Plaintiff also alleged that defendant Adams had breached an implied contract to properly advise Vutci in procuring appropriate life insurance coverage. Both defendants brought a motion for accelerated judgment and summary judgment under GCR 1963, 116.1(5) and 117.2(1), now MCR 2.116(C)(7) and (8), alleging that plaintiff's claims were precluded by application of the doctrines of res judicata and collateral estoppel, that plaintiff's claims were barred by the statute of limitations, and that plaintiff had failed to state a claim upon which relief could be granted. The trial Judge granted defendants' motion and dismissed plaintiff's complaint without identifying the specific basis for granting defendants' motion. Plaintiff appeals as of right. Our review of the record reveals the long factual and procedural history of this case. Defendant ILIC issued a life insurance policy with a face value of $17,000 to Peter Vutci in 1966. Allegedly, defendant Adams, the agent of ILIC, visited Peter Vutci on March 1, 1979, and advised him to cancel his existing life insurance policy and to apply for a new life insurance policy from ILIC. The record reveals that as of March 1, 1979, Peter Vutci had borrowed $5,000 against his existing life insurance policy. Allegedly, defendant Adams advised Vutci that he could cancel his existing policy and convert it into a paid up policy with a face value of $1,000.