James E. Dyer v. Hill Services Plumbing and HVAC

Case Number
W2009-00687-COA-R3-CV

This appeal arises from a dispute between Appellant employee and Appellee employer over life insurance coverage under a group insurance policy. Employee asserts that employer was
negligent in failing to inform employee of his right of conversion under the insurance policy and also in its failure to obtain insurance coverage for him after he was rehired. In the alternative, employee argues that the doctrine of equitable estoppel should apply. The trial court dismissed the complaint based upon its finding that employee failed to make out a
prima facie case for negligence, and declined to apply equitable estoppel. Finding negligence by the employer in failing to notify employee of his right to convert, we reverse the trial court’s dismissal of that claim and remand for further proceedings. We affirm the decision of the trial court finding that the employer was not negligent in obtaining new insurance for the employee after he was rehired and its decision not to apply equitable estoppel.

Authoring Judge
Chancellor Walter L. Evans
Originating Judge
Judge J. Steven Stafford
Case Name
James E. Dyer v. Hill Services Plumbing and HVAC
Date Filed
Dissent or Concur
This is a dissenting opinion
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