DeCoursey v. American General Life Ins.

Plaintiff filed suit against the company for interest she claimed it owed her on a payout it made on a policy. The company counterclaimed, asking for its money back because it had paid plaintiff by mistake and so plaintiff was not entitled to the payout in the first place, let alone interest. The district court granted the company summary judgment on plaintiff's claims and granted her summary judgment on the company's counterclaim. The court rejected plaintiff's argument that fraudulent concealment tolled the limitations period and held that the district court correctly found that plaintiff's claims were untimely. In regard to the cross-appeal, the court concluded that the district court erred in holding that the company's counterclaim failed because it neglected to discover all of the relevant facts, where the company has a perfectly straightforward claim for restitution in this case. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "DeCoursey v. American General Life Ins." on Justia Law