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193258P.pdf 04/19/2021 Kathleen Meardon v. Terry Register
U.S. Court of Appeals Case No: 19-3258
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Melloy, Author, with Smith, Chief Judge, and Loken, Circuit
Judge]
Civil case - Contracts. Plaintiffs adequately pleaded a breach of contract
based on an oral agreement under which plaintiff Kathleen was to receive
commissions on the purchase of life insurance policies by her client;
there was consideration for the agreement in that defendant was to receive
an override commission upon sale of the insurance products and plaintiff
agreed not to take her client's insurance business to another agent;
plaintiffs also pleaded the basic elements of a claim for unjust
enrichment and a claim for breach of fiduciary duty; further, to the
extent plaintiffs' claims for fraud or negligent misrepresentation related
to the sale of life insurance products to Kathleen's client, the claims
were sufficient to survive a motion to dismiss; the order dismissing these
claims is reversed and the matter is remanded for further proceedings.