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Case No. 21-0227

Todd R. Rand
Security National Corporation d/b/a Security National Bank

Todd Rand, a beneficiary of his deceased father’s estate, sued the estate’s personal representative, Security National Bank (SNB), asserting tort claims of breach of fiduciary duty, negligent misrepresentation, and fraud, and seeking common law attorney’s fees, based on SNB’s alleged misconduct while administering the estate. He appeals from the district court’s order granting SNB’s motion for summary judgment. Mr. Rand argues the district court erred in dismissing his claims because it held: (1) his claims were not cognizable in an action at law in the district court; (2) a reasonable jury could not conclude SNB breached its duty and caused him damages; (3) Rand did not rely on SNB’s alleged misrepresentations regarding the amount of fees the executor and the estate’s attorney would charge; (4) no reasonable jury could find SNB’s alleged misrepresentation regarding fees constituted fraud; (5) Rand could not recover damages based on an expenditure of attorney’s fees, either as an element of his tort claims or at common law; and (6) Rand was not entitled to emotional distress and punitive damages.



Todd R. Rand


Security National Corporation d/b/a Security National Bank

Attorney for the Appellant

Stanley E. Munger

Attorneys for the Appellee

John C. Gray
Joel D. Vos

Supreme Court

Oral Argument Schedule


Mar 24, 2022 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
May 06, 2022
Date Amended:
Jul 07, 2022

Other Information

Date Retained:
Aug 31, 2021
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