Employers Insurance of Wausau v. Didion Mid-South Corp.

Josephine Linker Hart, Judge.

Employers Insurance of Wausau appeals from a jury verdict in favor of appellee, Didion Mid-South Corporation, finding that appellant breached its fiduciary duty to appellee and assessing damages of $200,000. against appellant. For reversal, appellant contends as follows:

1.As a matter of law, no fiduciary duty may be imposed on contracting parties where the fiduciary duty is contrary to the terms of their contract; and,

2.As a matter of law, even if some fiduciary duty exists, the terms of the contract control the rights and obligations of the parties; and,

3.As a…