Breach of Fiduciary Duty /Contents [122 0 R 123 0 R 124 0 R] Tenant, More Real /Parent 2 0 R for breach WebTypically, a breach of fiduciary duty claim will survive the gist of the action doctrine only where the fiduciary relationship in question is well-established and clearly defined by Pennsylvania law or policy, such as (for example) the social policy which defines relationships among majority and minority shareholders. /Type /Page /Contents [132 0 R 133 0 R 134 0 R] Burch and his estate. /Resources 231 0 R /Resources 201 0 R 0000002047 00000 n 8 [357 0 R 358 0 R 359 0 R 360 0 R 361 0 R 362 0 R 363 0 R 364 0 R] 15 [420 0 R 421 0 R 422 0 R 423 0 R 424 0 R 425 0 R 426 0 R 427 0 R 428 0 R] of Business, Corporate /Tabs /S 45 0 obj /StructParents 0 /Tabs /S /Group 210 0 R Form interrogatories for breach of contract 2010 chevy equinox for sale petsmart parvo shot. /Diagram /Figure COMPLAINT Unfortunately for the company, the trustees mere silence did not constitute an active step to hide the breach, so the district court dismissed the complaint as time barred. /Resources 221 0 R << 12(B)(6), which the trial court granted on July 5, 2011. WebForm interrogatories for breach of contract. Agreements, Bill of /Group 95 0 R Webaffirmative defenses to breach of fiduciary duty florida. (HTTAP) Program; Investigations & Guidelines; File a Complaint; Data Security Breach ( SB24 ) Data Security Breach Reporting; Submit Data Security Breach; Search Data Security Breaches Internet Crime Complaint Center; Money Wiring /Type /Page 47 0 obj /StructParents 26 @JWI0Je9_V3>Nz0m'l-7\ ZV'Z]LJ J. RPPQ24APJ 7Q4D 737 0 R 738 0 R 739 0 R 740 0 R 741 0 R 742 0 R 743 0 R 744 0 R 745 0 R 746 0 R /Contents [207 0 R 208 0 R 209 0 R] >> WebNormally, a plaintiff has three years from actual knowledge of the breach of fiduciary duty to bring suit, but the claim cannot be brought more than six years after the breach occurred. Be careful to change the information the form asks for to fit the facts and circumstances of your case. However, the claim is dismissed as time barred because the court holds that fraud or concealment applies only when the fiduciary actively hid the breach. /MediaBox [0 0 612 792] 35. 710 0 R] /Resources 176 0 R An executor should always follow the wills directives and court orders, avoid unnecessarily slowing down the probate process, and keep the estate and themselves organized. & Estates, Corporate - /Parent 2 0 R 12 0 obj /StructParents 20 In the event there is a cross-claim, a conflict of interest will arise between you and your individual client. >> endobj x]mSA$wwm)Y6i~Hwr.lr/K~dX.w.\#}~o;4S0N(,ww~790f7;Q4cHi2 MN~[{Wg;H72awg7qw/d? State of California Department of Justice, Consumer Protection and Economic Opportunity, California Justice Information Services (CJIS), High Technology Theft Apprehension and Prosecution (HTTAP) Program, Communication Service Providers Legal Process Information. Occurs when the fiduciary is on both sides of a deal. /StructParents 42 However, a good-faith effort with bad results, like making a sound and cautious investment that ends up losing the estate money, is probably not enough to breach a fiduciary duty. /StructParents 43 542 0 obj << /Linearized 1 /O 545 /H [ 1106 587 ] /L 252262 /E 116767 /N 29 /T 241303 >> endobj xref 542 23 0000000016 00000 n Corporate & Professional /StructParents 4 % What are the Consequences of Breaching a Fiduciary Duty? <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> All out of Chewing Gum: A Case for a More Coherent Limitations BREACH OF FIDUCIARY DUTY 25 0 obj In other words, under the minority rule, if the breach itself is fraud, active concealment of that breach is not required. If this can be proved, monetary compensation may be redeemable. First Amended Complaint for Breach of ERISA In Colorado, shareholders have three years to bring a lawsuit once the alleged breach has taken place. Amendments, Corporate Florida Breach of Fiduciary Duty /InlineShape /Sect 396 0 R] Templates, Name Litigation Against the Executor jury trial demanded i. introduction 1. Agreements, LLC /Group 205 0 R >> /Tabs /S trailer Notes, Premarital HOA WebThe elements of a breach-of-fiduciary-duty claim are: (1) a fiduciary relationship existed between the plaintiff and defendant; (2) the defendant breached its fiduciary duty to the plaintiff; and (3) the defendants breach resulted in injury to the plaintiff or benefit to the defendant. 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R 45 0 R /Contents [257 0 R 258 0 R 259 0 R] /StructParents 12 endobj 0000001877 00000 n Breach of Fiduciary Duty 9 0 obj 0000002804 00000 n /Chartsheet /Part Sales, Landlord WebTo file a lawsuit against an executor for a breach of fiduciary duty, an estate litigation lawyer will need to demonstrated that the executor had a relationship to the estate and a duty was breached. /MediaBox [0 0 612 792] /Parent 2 0 R /StructParents 31 <> 642 0 R] Forms, Independent /StructParents 3 /Annots [] /Type /Page >> Be careful to use the form /Type /StructTreeRoot of Directors, Bylaws endobj Breach Of Fiduciary Duty Complaint Sample 15 0 obj ERISA Violations: Penalties and Punishments - Findlaw /Contents [227 0 R 228 0 R 229 0 R] /Tabs /S /MediaBox [0 0 612 792] Business Packages, Construction 13 0 obj A partner owes a fiduciary duty to their partners as well as to the partnership. >> At /ModDate (D:20190327062904-07'00') endobj /Parent 2 0 R 0000008038 00000 n /Tabs /S 19 0 obj One of an executors most important duties is to competently manage the estates assets. WebNo fiduciary shall be liable with respect to a breach of fiduciary duty under this subchapter if such breach was committed before he became a fiduciary or after he ceased to be a fiduciary. << Contractors, Confidentiality /Tabs /S << Breach of Fiduciary Duty This is a good example of our level of work. stream /Rect [71.8000030518 672 237.3200073242 684] /Group 255 0 R >> Breach /Parent 2 0 R /Type /Page Estates, Forms 26 0 obj Webthe comment below for which a duty of breach fiduciary duties in some cases, the trustee has sustained damages and heirs may be. /Type /Page /Annots [] 49 0 obj The plans trustee conspired with a stockbroker to defraud the plan. >> Academic To sue a corporation for breach of fiduciary duty, the person or group bringing the lawsuit must be a shareholder when the action commences and remain a shareholder until the action concludes. /Tabs /S Iry| VV'dpg#K,>pI !*>XDpw,lLOFx$"w\Ac)!nOn]:X{F-._' 2?i$D?~%0 EyUN1BD+d%P_1xnG?FkI0MdN>q?k,0!3N?^m,:LFc8r ,JYBC7/]]M?oe)>Z 1A/mG{wc,A% Divorce, Separation An independent audit discovered the stockbrokers asset churning, and the company discovered the trustees foul play by scouring its email and phone records. >> 57 0 obj /StructParents 18 /Resources 161 0 R An executor who takes unreasonable risks with an estates property, like making a volatile investment with estate funds, may violate their fiduciary duty. WebThis Google translation feature is provided for informational purposes only. /MediaBox [0 0 612 792] Plaintiff re-alleges the allegations set forth in Paragraphs 1-24 above and incorporates same herein by WebThe dismissed complaint was brought by a minority shareholder of Workspace, 106 Spring Street Owner, a portfolio company managed by 60 Guilders and funded by both Carlyle Realty Partners and 60 Guilders. endobj /Filter /FlateDecode /Annots [] 629 0 R 630 0 R 631 0 R] /Parent 2 0 R In the New York Supreme Court filing, Napoli Shkolnik accused Palmore, who was the companys chief trial counsel, of breach of contract, along with breach of /ParentTreeNextKey 48 /Type /Page 20 [465 0 R 466 0 R 467 0 R 468 0 R 469 0 R 470 0 R 471 0 R 472 0 R 473 0 R] /Group 105 0 R /StructParents 22 /Tabs /S /Tabs /S >> /Group 160 0 R A partner owes a fiduciary duty to their partners as well as to the partnership. 11 [386 0 R 387 0 R 388 0 R 389 0 R 390 0 R 391 0 R 392 0 R 393 0 R 394 0 R 395 0 R Whether to bring a breach of fiduciary duty derivatively in addition to asserting a direct /StructParents 38 /Type /Page 36 0 obj /Type /Page /Resources 111 0 R packages, Easy Order << /StructParents 28 0000005801 00000 n /Parent 2 0 R /Annots [] /Group 260 0 R /Resources 246 0 R /K [753 0 R 321 0 R 322 0 R 323 0 R 754 0 R 755 0 R 756 0 R 332 0 R 757 0 R 335 0 R 5. /Tabs /S /Contents [82 0 R 83 0 R 84 0 R] 31 [576 0 R 577 0 R 578 0 R 579 0 R 580 0 R 581 0 R 582 0 R 583 0 R 584 0 R 585 0 R Examples of Common Forms of Breach of Fiduciary Duty Trust, Living Agreements, Letter /StructParents 29 /Resources 126 0 R 42 [680 0 R 681 0 R 682 0 R 683 0 R 684 0 R 685 0 R 686 0 R 687 0 R 688 0 R 689 0 R] /Resources 71 0 R /Parent 2 0 R /MediaBox [0 0 612 792] 14 [411 0 R 412 0 R 413 0 R 414 0 R 415 0 R 416 0 R 417 0 R 418 0 R 419 0 R] Although the trustee accurately reported the stockbrokers investments, the reports lacked information relevant to the kickbacks. >> Plaintiff is informed and believes and thereon alleges that each of these fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that Plaintiffs injuries as herein alleged were proximately caused by the aforementioned Breach WebSubmitted Breach Notification Sample. /Group 150 0 R This interpretation does not modify the statutory text. A fiduciary owes a number of specific duties to the principal, and a breach of any of these can result in a claim against the broker. /Contents [172 0 R 173 0 R 174 0 R] /Chart /Sect >> << Remedies available for claims for breach of fiduciary duty provide include: lost profits, as the natural and probable consequence of the breach; out-of-pocket losses, as the difference between the value paid and the value received; mental anguish damages, which must be separate from the consequence of economic losses and must be a /Type /Catalog The fiduciary duty of an executor to act in the best interest of the estate can be a fairly broad duty. /Resources 146 0 R 528 0 R 529 0 R 530 0 R] /MediaBox [0 0 612 792] Webfiled December 7, 2010, purports to allege claims against appellees for breach of fiduciary duty, breach of contract, negligent hiring and training, negligence, and fraud. endobj Burch with a complaint a duty to prove a contractual agreement. We responded with counterclaims for a declaratory judgment holding the non-compete agreement (s) unenforceable, third party claims for breach of fiduciary duty and breach of contract and a demand for indemnification. /F 4 /Group 65 0 R /Parent 2 0 R 7 0 obj Agreements, Sale 52 0 obj TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else". Lundy v. Masson, 260 S.W.3d 482, 501 /Resources 136 0 R /Textbox /Sect Register for a complimentary 14-day trial with access to all sections and newsletters. /Contents [177 0 R 178 0 R 179 0 R] & prof. code 17200 et seq. Kasowitz Files Breach of Fiduciary Duty Lawsuit on behalf of Forms, Small /StructParents 7 /Type /Page /Contents [107 0 R 108 0 R 109 0 R] Webfirst amended complaint for breach of erisa fiduciary duty, injunctive relief, co-fiduciary liability, writ of attachment, and common law fraud, professional negligence, negligent A copy of this disclaimer can also be found on our Disclaimer page. endobj Center, Small Already a subscriber? CLSK2 - Grabar Law Office for Breach of Fiduciary Duty 26 [531 0 R 532 0 R 533 0 R 534 0 R 535 0 R 536 0 R] /A 824 0 R If an executor not only breaches their fiduciary duty but also breaks a law, such as by stealing money from the estate, the executor may also go to jail. 0000047226 00000 n %%EOF Click here to login, Enter your details below and select your area(s) of interest to receive newsletters, Password * (at least 8 characters required), Work Setting Web grabar law office files stockholder derivative complaint for breach of fiduciary duty against officers and directors of cleanspark, inc. One Liberty Place 1650 Market Street Change, Waiver Operating Agreements, Employment Breach of fiduciary duty toward employees covered by plan Interference with the rights of employees covered by plans Penalties and Punishments for ERISA Violations There are two ways that those who commit ERISA violations can be punished. /StructParents 27 Directive, Power 16 0 obj This is a Court Sample and NOT a blank form. Spanish, Localized 3Ao@c4B#8&tSZS#}ytfiN@Xh[XZ. /MediaBox [0 0 612 792] We have extensive experience litigating non-compete and tortious interference << 0000047305 00000 n 292 0 R 293 0 R 294 0 R 295 0 R 296 0 R 297 0 R 298 0 R 299 0 R 300 0 R 301 0 R The trustee did not have to take any steps to conceal her scheme. /Worksheet /Part /Annots [] south side honda. of Proceeds of Writ of Execution, A03 Notice of Sale Under Writ of Execution, Complaint Consumer Fraud Act Damage to Property, Complaint Consumer Fraud Act Employment Agency, Motion to Compel Compliance with Subpoena, Office of the Attorney Mike Moore, Attorney General Consumer Protection Division, Order on Motion to Compel Compliance with Subpoena, Complaint for Cancellation of Written Instrument, Complaint Tortious Interference with Contract Relations, Complaint, Cross-Complaint, Amended Complaint or Amended Cross-Complaint regarding, Complaint regarding Group Insurance Contract, Complaint for Rescission for Failure of Consideration of Contract, Answer to Complaint or Cross-Complaint regarding Contracts, Cover Sheet for Default in Suit on Assigned Contract, Complaint regarding Intentional Interference with Contract, Complaint for Conversion of Personal Property, Conversion of Property or Money Complaint, Answer to Petition for Conversion of Funds, and Supplement, Complaint for Conversion of Personal Property by Co-Owner and Request for Partition, Notice by Mail to Debtor of Action if Payment not Made, Complaint for Damages and Declaratory Judgment, Complaint for Damages and Declaratory Judgment - Publication of false statements, Complaint for Declaratory Judgment and Interpleader Action or Burial Policy, Complaint for Declaratory Relief of Dispute, Agreed Order Granting Extension of Time Within Which to Serve a Responsive Pleading, Complaint for Rescission, Specific Performance, Damages, Stipulation for Voluntary Dismissal of Case, Answers, Counterclaim and Motion for Sanctions, Preliminary Injunction and Transfer and Consolidation Order, Order Granting Leave to Withdraw as Counsel, Complaint for Defamation, Fraud, Deceitful Business Practices, USLegal Guide to Defamation; Libel and Slander, Petition to Vacate Default Judgment for Failure to Acquire Jurisdiction over Defendants due to Defective Service of Process, Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect, Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect, Stipulation for Setting Aside Default Judgment and Permitting Answer, Amended Response to Motion for a New Trial, Response to Motion to Quash Subpoena Duces Tecum, Professional Malpractice Trial Court Disposition, Order Overruling Motion for Judgment for a New Trial, Complaint regarding Worthless Negotiable Instrument - District Court, Complaint Against Drawer of Check that was Dishonored Due to Insufficient Funds (Bad Check), Dismissal Order: Dismissal of Motion for Involuntary Hospitalization Due to Noncompliance With Voluntary Treatment Agreement, Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI, Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI, Instructions - How to Fill Out the Petition for Emancipation of a Minor, Order Following Hearing on Petition to Rescind Order of Emancipation, WPF EM 01.0400 - Decree of Emancipation - DCE, Petition for Judicial Emancipation, with Parental Consent and Order, Petition for Declaration of Emancipation of Minor, Order Prescribing Notice, Declaration of Emancipation, and Order Denying Petition, Emancipated Minor's Application to California Department of Motor Vehicles, Petition for Emancipation, Affidavit, and Waiver of Notice, Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest, Petition for Removal of Minority - Emancipation, Additional Page - to be attached to any form, Attached Declaration - reverse of form MC-030, WPF EM 01.0500 - Order Denying Petition for Emancipation - ORDYMT, FJ&S Acquittal - Judgment of Acquittal and Order of Immediate Release from Custody, WPF EM 01.0300 - Order Appointing Guardian Ad Litem - ORAPGL, Emancipation of Minor - Income and Expense Declaration, WPF EM 01.0100 - Petition for Emancipation - PTE, Order Following Hearing on Petition for Emancipation, Petition to Rescind Order of Emancipation, Complaint - School Truancy - Defiance Family with Service Needs, Media Request to Photograph, Record, or Broadcast, Notice of Hearing - Emancipation of Minor, Declaration of Emancipation of Minor After Hearing, Proof of Enrollment or Completion - Alcohol or Drug Program, Complaint for Intentional and Negligent Emotional Distress, Complaint For Refusal To Hire School Assistant Principal, Complaint by Employer for Tortious Acts by Employee, Complaint For Employment or Workplace Discrimination and Sexual Harassment - Title VII Civil Rights Act, Complaint Against Official for Ethics Violation, Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand, Complaint in Federal Court for Preventable Fall At Hospital, Complaint in Federal Court For Commercial Lease Matter, Complaint For Strip Search - 4th and 14th Amendment, US Constitution - Jury Trial Demand, Complaint In Forcible Entry or Unlawful Detainer, Response To Clerk's Motion To Dismiss For Want Of Prosecution, Notice Of Partial Satisfaction Of Judgment In A Civil Case, Notice Of Filing And Enrollment Of Judgment, Demand for Judicial Determination of Forfeiture of Property, Demand for Judicial Determination of Forfeiture of Motor Vehicle, Petition for Forfeiture of Auto - 41-29-101, Complaint for Fraud and Self Dealing by Personal Representative, Cause of Action regarding General Negligence, Complaint regarding Defamation, Fraud, Deceitful Business Practices, Request to Proceed in Forma Pauperis - Civil, Request to Proceed in Forma Pauperis - Habeas Corpus, Inmate Form for Civil Action Instructions, Motion and Notice of Motion to Change Harassment Restraining Order, Petitioner - Request and Order for Dismissal of Harassment Restraining Order, How to Apply for a Harassment Restraining Order - Petitioner Instructions, Petitioner - Affidavit and Petition for Harassment Restraining Order, A01 Claims By Prisoner of Sexual Harassment and Other Grounds, Petition for Order of Protection - Superior Court, Affidavit and Order to Show Cause for Contempt, Petition for Injunction Against Harassment - Superior Court, Forms for use when filing in Superior Court - Superior Court, Petition for Order of Protection - Municipal or Justice of the Peace Courts, Petition for Injunction Against Workplace Harassment - Superior Court, Petition for Injunction Against Workplace Harassment - Municipal or Justice of the Peace, A05 Response to Defendant's Motion to Dismiss, A06 Defendant's Response to Plaintiff's Request for Production of Documents and Things, A07 Defendant's Response to Plaintiff's Motion to Compel Production of Documents, A08 Defendant's Response to Plaintiff's Motion for Order to Compel Production of Documents and Request for Protective Order, Complaint against Railroad by Employee for Hearing Loss, Responses To Defendant's First Request For Production To Plaintiff, Answers To Defendant's First Interrogatories To Plaintiff, Consent Order Of Dismissal With Prejudice, Important Information to Applicants With form 901 Application for Involuntary Custody for Mental Health Examination, Petition for Review of Administrative Impoundment Order - Approval of issuance special plates after Judicial Impoundment, Order denying Motion for Summary Judgment, Memorandum Brief in Support of Motion in Limine, Brief in Opposition to Motion for Summary Judgment, Memorandum in Support of Response to Motion in Limine, Complaint for Injunction - Covenant not to compete, Stipulation for Tender of Funds into Court, Order to Disburse Funds on Motion of the Plaintiffs, Motion for Temporary Restraining Order and / or Preliminary Injunction, Defendant's Motion for Payment of Back Pay Wages and for other Relief, Motion to Enforce Prior Votes of the Congregation, Complaint for Negligence Innkeeper Liability - Criminal Activity, Complaint Seeking Underinsured Motorist Coverage, Motion for Leave to File Third-Party Complaint, Order Granting Leave to File Third-Party Complaint, Defendants' First Request for Production of Documents to Plaintiff, Insurance Refusal to Pay and Bad Faith Claim, Complaint for Insurance Fraud - Female Plaintiff form, Cause of Action regarding Intentional Tort, Complaint For Intentional Interference With Attorney-Client Relationship, Court Funded Invoice Parenting Plan Home Study, Parent Education 2006 Coordinator's Invoice, Sample Complaint - Joint venture between owner and contractor - Defective fill materials used by Contractor to fill property for ownership interest, Complaint for Correction and Reformation of Judgment on the Ground of Mistake, Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest, Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached, Petition to Vacate Judgment due to Failure to Acquire Jurisdiction over Defendant - Defective Service of Process, Petition for De Novo Review Pursuant to LA R.S. /Type /Page /Contents [67 0 R 68 0 R 69 0 R] All out of Chewing Gum: A Case for a More Coherent Limitations 30 [568 0 R 569 0 R 570 0 R 571 0 R 572 0 R 573 0 R 574 0 R 575 0 R] WebWILMINGTON, Del. /Group 190 0 R 10 [375 0 R 376 0 R 377 0 R 378 0 R 379 0 R 380 0 R 381 0 R 382 0 R 383 0 R 384 0 R _pyP`V-9B-ustZmqt HntPn=~S; .~lyC. /Contents [242 0 R 243 0 R 244 0 R] /Resources 166 0 R Lexis Legal News may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. << endobj Answer, Counterclaims & Third Party Claims - Non /Group 230 0 R /Group 175 0 R WebSample interrogatories that a plaintiff may use to seek information from a defendant in a common law breach of fiduciary duty action. Delaware Courts Simplify Rules for Derivative Actions, Analyze /Annots [] Templates, Name << As a result of this silence, the employer or beneficiaries do not discover the claim until years later. 566 0 R 567 0 R] For example, it is probably unreasonable for an executor to loan themselves money from estate funds, even if they promptly pay back the debt. >> /Type /Page /Type /Page /Tabs /S << Estate, Public /Contents [232 0 R 233 0 R 234 0 R] Web1200 Civil Action Forms Complaint for Breach of Fiduciary Duty - Trust Complaint For Breach Of Fiduciary Duty Sample Form The Forms Professionals Trust! >> /K [53 0 R] Will, All /Annots [] Whether to bring a breach of fiduciary duty derivatively in addition to asserting a direct breach of fiduciary duty claim must be carefully considered. <<571045510F653A4BBCB8F88293880700>]/Prev 476800/XRefStm 1695>> /StructParents 13 A partner owes a fiduciary duty to their partners as well as to the partnership. 747 0 R 748 0 R 749 0 R 750 0 R 751 0 R] /Tabs /S For further discussion on specific duties of a fiduciary broker to the principal, see California Real Estate Brokers: Law and Litigation, 4.39. Guide, Incorporation /Resources 261 0 R Liens, Real Please see our Privacy Policy. /Tabs /S << 46 [727 0 R 728 0 R 729 0 R 730 0 R 731 0 R 732 0 R 733 0 R 734 0 R 735 0 R 736 0 R 815 0 R 716 0 R 816 0 R 718 0 R 719 0 R 817 0 R 818 0 R 736 0 R 819 0 R 741 0 R Webno cause of action for breach of fiduciary duty, 4 the Court of Appeals has repeatedly upheld specific claims for specific breaches of specific fiduciary duties in specific contexts: In Ins.

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