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Brady Griffin as Executor of the Estate of Loren D. Griffin, and the Loren Douglas Griffin Irrevocable Living Trust, by Trustee Curtis Griffin
v.
NYLIFE Securities, LLC, New York Life Insurance Company, and Marlyn McClain
Appellant
Brady Griffin as Executor of the Estate of Loren D. Griffin, and the Loren Douglas Griffin Irrevocable Living Trust, by Trustee Curtis Griffin
Appellee
NYLIFE Securities, LLC, New York Life Insurance Company, and Marlyn McClain
Attorney for the Appellant
Gail Boliver
Attorneys for the Appellee
Victoria H. Buter, for Marlyn McClain
Jesse Linebaugh and Rachel Yaggi, for NYLIFE Securities, LLC and New York Life Insurance Company
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Jennifer Benson Bahr, Judge. AFFIRMED. Heard by Schumacher, P.J., and Buller and Langholz, JJ. Opinion by Schumacher, P.J. (21 pages)
Plaintiffs Brady Griffin, as executor of the Estate of Loren D. Griffin, and the Loren Douglas Griffin Irrevocable Living Trust by trustee, Curtis Griffin (collectively, Griffin) appeal the district court’s order granting summary judgment in favor of defendants NYLife Securities LLC, New York Life Insurance Company, and Marlyn McClain (collectively, NYLife) on Griffin’s claims of breach of fiduciary duty, fraudulent non-disclosure, negligent misrepresentation/omission, constructive fraud, breach of contract, negligent supervision/respondeat superior, and punitive damages. Griffin challenges the court’s application of the relevant statutes of limitations to bar several claims and contends the court erred in granting summary judgment on the remaining claims. OPINION HOLDS: Upon our review, we affirm the district court’s order granting NYLife’s motion for summary judgment and dismissal of Griffin’s petition.
