Cooper v. Gilder

¶ 60. I would affirm the decision of the chancellor regarding the life insurance policy and Winnie Gilder’s failure to prove fraud on the part of Robert Cooper (Robin), Donald Dunaway (Don), and Connie Burford. Therefore, I concur with the majority on that issue. However, I must respectfully dissent from the majority’s holding that the chancellor correctly applied the law regarding the constructive trust and breach of a fiduciary relationship. Therefore, I concur in part and dissent in part.

¶ 61. The corporate-opportunity doctrine applies to the business torts alleged in this case. The…