Supreme Court of Kansas
Stroud v. Ozark Nat'l Life Ins. Co.
February 28, 2025564 P.3d 725
Summary
The Kansas Supreme Court affirmed summary judgment for the insurer and its agent on claims arising from the conversion of the insured's $60,000 term policy into a $30,000 whole-life policy. The court held that the evidence did not establish a fiduciary relationship because the agent did not consciously assume a special duty to protect the Strouds' interests, and that the negligent-misrepresentation claim failed because the agent supplied accurate information rather than affirmative false information. The court therefore did not reach the real-party-in-interest issue and affirmed the related rulings on vicarious liability and punitive damages.