DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062466P.pdf 05/03/2007 Eugene P. Kent v. United of Omaha Life
U.S. Court of Appeals Case No: 06-2466
and No: 06-2467
U.S. District Court for the District of South Dakota
[PUBLISHED] [Murphy, Author, with Wollman and John R. Gibson,
Circuit Judges]
Civil case - Torts. Kent was collaterally estopped from litigating the
claim that United was responsible for the loss of his insurance license as
the South Dakota Supreme Court had conclusively determined that Kent's
own dishonest conduct justified the State's revocation of his license;
District court did not err in concluding United did not owe Kent any
fiduciary duty, as the evidence established an arms length business
relationship between them; United's failure to provide Kent with
documents for his defense did not constitute statutory deceit under South
Dakota law; Kent's judgment reversed and case remanded for further
proceedings.