Lowery v. Guaranty Bank and Trust Co.

How courts have described this case

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

• in credit life insurance cases, a fiduciary relationship between bank and consumer borrower may be established on basis of contract, agency, or reposing of trust and confidence
• fiduciary duty arose between bank and lendee/insured where long history of dealings with bank aside from the note
• in credit life insurance cases, a fiduciary relationship between bank and consumer borrower may be established on basis of contract, agency, or reposing of trust and confidence
• “A fiduciary relationship may arise in a legal, moral, domestic, or personal context, where there appears on the one side an overmastering influence or, on the other, weakness, dependence, or trust, justifiably reposed.”
• “A fiduciary duty must exist before a breach of the duty can occur.”
• “A fiduciary duty must exist before a breach of the duty can occur.”

Source: CourtListener parenthetical corpus (CC0).