Carter v. Citigroup Inc.

Summary

The Supreme Court of Mississippi affirmed summary judgment for the defendants in claims arising from the sale of credit life insurance with mortgage loans. The court held that the plaintiffs' claims, including breach of fiduciary duty, conspiracy, negligent misrepresentation, and negligent supervision, were subject to Mississippi's three-year statute of limitations and accrued when the loan documents were executed. The court rejected the plaintiffs' arguments that alleged nondisclosures tolled the limitations period.

Holdings

1. Claims for breach of fiduciary duty, misrepresentation, conspiracy, and related claims for which no other limitations period applies are subject to Mississippi's three-year statute of limitations under Mississippi Code section 15-1-49.
2. Fraudulent concealment did not toll the statute of limitations because the plaintiffs failed to show an affirmative act designed to prevent discovery of their claims and failed to demonstrate due diligence.
3. Summary judgment for the defendants was proper because all of the plaintiffs' claims were filed after the three-year limitations period expired and were not tolled by fraudulent concealment.

Questions Presented

1. Whether the plaintiffs' claims for breach of fiduciary duty, conspiracy, negligent misrepresentation, negligent supervision, and related claims were barred by Mississippi's three-year statute of limitations.
2. Whether alleged nondisclosure of insurance commissions or other information fraudulently concealed the causes of action and tolled the statute of limitations.
3. Whether the trial court properly granted summary judgment to the defendants.

Disposition

affirmed