Home Insurance v. Wynn

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a personal representative breached her fiduciary duty to wrongful death beneficiaries by allocating settlement proceeds in such a way as to prioritize her individual claims over the wrongful death action
• holding that a personal representative breached her fiduciary duty to 7 wrongful death beneficiaries by allocating settlement proceeds in such a way as to prioritize her individual claims over the wrongful death action
• reaffirming that “[t]he wrongful death statute creates a cause of action in the children for breach of the 13 spouse’s duty as representative”
• upholding verdict against attorney for representing decedent’s widow both as fiduciary and on her own behalf, where the two roles created conflicting incentives
• surviving spouse breached her fiduciary duty under wrongful death statute by allocating funds to claims in which she was the sole beneficiary
• “ ‘A breach of fiduciary duties is sufficient to support an award of punitive damages.’ ”

Source: CourtListener parenthetical corpus (CC0).