North Carolina Business Litigation Report

Fliehr v. Storick, December 11, 2007 (Diaz)(unpublished)

Although Plaintiff's claims were timely against the insurance agent they claimed had defrauded them, those claims were not timely against the agent's employer.  The agent had terminated his relationship with his employer several years before the lawsuit was filed.  Although the statute did not run against the agent, because the alleged fraud continued, the Court held that "the statute of limitations as to claims against a principal is tolled only to the extent its agent continues to engage in fraudulent conduct during the course of the agency relationship. Should the agency relationship terminate, however, there no longer exists a basis to impute the deceptive acts of the agent to the principal for purposes of tolling the statute of limitations, and the applicable limitations period therefore begins to run."

Full Opinion

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Mack Sperling
Brooks Pierce, LLP
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