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Griggs v. Evans
State: Maryland
Court: Court of Appeals
Docket No: 2596/09
Case Date: 05/02/2012
Preview:REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2596 September Term, 2009

HELEN C. GRIGGS, et al. v. LUKE EVANS, et al.

Krauser, C.J., Eyler, James R., Watts, JJ.

Opinion by Krauser, C.J.

Filed: May 2, 2012

Helen C. Griggs and her late husband, Victor G. Griggs, refinanced the mortgage on their home with Beneficial Mortgage Company of Maryland. One of the mortgage instruments the Griggses executed, when they met with representatives of Beneficial Mortgage to obtain the refinancing, contained an arbitration rider, providing that disputes "arising from or relating" to their agreement with Beneficial Mortgage, "shall be resolved, upon the election of [either party] by binding arbitration." At that time, they also signed an application for a credit life insurance policy1 from Household Life Insurance Company, appellee, covering them both. Two years after the refinancing, Mr. Griggs died, whereupon Mrs. Griggs requested payment under that policy. When Household Life denied that request, claiming that the policy papers the Griggses had signed contained inaccurate information regarding Mr. Griggs's health history, Mrs. Griggs, on behalf of herself and her late husband's estate, brought an action, in the Circuit Court for Baltimore City, against Household Life, alleging breach of contract and intentional infliction of emotional distress. After considerable discovery, Mrs. Griggs filed successive amended complaints, adding a claim of insurance fraud and, as defendants, the individuals who had participated in the meeting, at which she and her late husband had executed both the refinancing documents and the credit life insurance application, namely: Integrated Real Estate Processing LP ("Integrated Real Estate"), which was engaged in the business of closing

Credit life insurance is a life insurance contract, commonly issued with a major purchase such as a mortgage, providing for payment to the creditor in the event the borrower dies.

1

mortgage loans for financing companies, such as Beneficial Mortgage; Luke Evans, Beneficial Mortgage's office manager; Marc Kurlander, an independent loan closer who worked, under contract, for Integrated Real Estate; and Andreas Teddy Dailey, Jr., an account executive for Beneficial Mortgage; whom, together with Household Life, we shall collectively refer to as "appellees." All three individual appellees
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