🚨 She Settled for Policies Her Mother Had Already Cancelled Three Years Earlier

Sara Moriber v. Michael Paul Dreiling, et al. | Case Nos. 3D13-1904 and 3D13-0175 | Third District Court of Appeal William J. Palmer of Shutts & Bowen argues for the appellant. In 2000 she entered a settlement agreement and signed a release, for consideration of $3,550,000 in cash plus an interest in a split-dollar agreement and three life insurance policies of $1.5 million each, distributable one-third to her under article three of trust number two. The difficulty is chronology: the decedent — her mother — had terminated the split-dollar agreement and the three policies three years before the settlement in which she offered them as consideration, and actively concealed the termination. The bench presses whether the claims were already being asserted when the releases were exchanged. Key issues addressed: A settlement release given for consideration that no longer existed when promised Active concealment of the termination of life insurance policies and a split-dollar agreement Distribution of policy proceeds under article three of a trust instrument Whether fraud in the inducement survives a general release The effect of claims already asserted at the time the releases were exchanged Breach of fiduciary duty by a trustee and settlor toward a beneficiary 🔗 Florida Rules & Legal Resources: www.floridarules.net #TrustLitigation #ProbateLitigation #FraudulentInducement #LifeInsurance #SettlementRelease #ThirdDCA #FloridaAppellateLaw #OralArgument #FiduciaryDuty #FloridaAppeal