United States Eighth Circuit

In an action against an insurer alleging deceptive practices, summary judgment for defendant is affirmed where the statute of limitations was not tolled because plaintiff failed to demonstrate that defendant's actions constituted fraudulent concealment, as there was no positive act of fraud.

Appellate Information

• Decided 02/10/2010
• Published 02/10/2010

Judges

• SHEPHERD, Circuit Judge., Before GRUENDER and SHEPHERD, Circuit Judges, and JARVEY,District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ed Daniel IV, Little Rock, AR, for Appellant.


• For Appellees:
  
• John A. Smyth III, Birmingham, AL, for Appellee Protective Life Insurance Company., Gary L. Howard, Jason A. Walters, Paul P. Bolus, and John C. Neiman, Jr., Birmingham, AL, for Appellee Jefferson National.