Bullard v. Guardian Life Ins. of America

Summary

The Mississippi Supreme Court considered whether Terry Bullard's cross-claims against Guardian Life Insurance Company were barred by the three-year statute of limitations. The majority held that Bullard's claims accrued when the insureds sued him and he allegedly suffered actual damage, rather than when the policy was sold, and therefore reversed summary judgment for Guardian. A dissent argued that the claims accrued upon completion of the allegedly fraudulent insurance sale and were untimely, and that fraudulent concealment did not toll the limitations period.

Holdings

1. Bullard's claims did not accrue when the insurance policy was sold in 1990 because he had not yet suffered damage and, on the asserted facts, had no enforceable cause of action. The claims accrued in 2000, when the Prathers filed suit against Bullard and Bullard allegedly suffered damage, making his 2002 cross-claim timely under Mississippi Code section 15-1-49(1).

Questions Presented

1. Whether Bullard's claims against Guardian were barred by Mississippi's three-year statute of limitations.
2. Whether fraudulent concealment tolled the statute of limitations.

Disposition

reversed_and_remanded