Hurlbut v. Gulf Atlantic Life Insurance Company

749 S.W.2d 762 (1987)

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Hurlbut v. Gulf Atlantic Life Insurance Company

Texas Supreme Court
749 S.W.2d 762 (1987)

SC

Facts

Daniel Hurlbut (plaintiff) was an officer of Gulf Atlantic Life Insurance Company (Gulf) (defendant). Gulf representatives proposed that Hurlbut start a new insurance trust that Gulf would underwrite. Hurlbut agreed and established Agency Associates. Gulf representatives promised Hurlbut that he would be provided with a master policy. Hurlbut began selling health plans under Agency Associates without the benefit of the master policy. Ultimately, Gulf apparently had difficulty getting the master policy approved and denied that it ever had an agreement with Hurlbut. Gulf relayed this denial to the attorney general’s office, telling an investigator that Hurlbut did not have authority to use Gulf as the underwriter for Agency Associates. Hurlbut sued Gulf for business disparagement, among other claims. The trial court ruled in Hurlbut’s favor. The court of appeals reversed, finding that Hurlbut’s claim was essentially a slander claim and was barred by the statute of limitations. Hurlbut appealed.

Rule of Law

Issue

Holding and Reasoning (Campbell, J.)

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