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RUMPF v. MASSACHUSETTS MUT. LIFE INS. CO.

No. 3738.

357 S.C. 386 (2004)

593 S.E.2d 183

Robert E. RUMPF, Alice Rumpf Easton, and Theresa Horton as Personal Representative for the Estate of Marvin G. Rumpf, individually and as shareholders in the former Rumpf Truck Line, Inc., a Michigan corporation; Diane Rumpf Ketring, John Rumpf, Philip Rumpf and Keye Rumpf Hennessey as heirs to and beneficiaries of the Estate of Marvin G. Rumpf, Appellants, v. MASSACHUSETTS MUTUAL LIFE INSURANCE CO., The Palmetto Bank, Phillip Betette, individually and as agent for The Palmetto Bank, and DOES 1-5, inclusive, Defendants, of whom Massachusetts Mutual Life Insurance Co., The Palmetto Bank, and Phillip Betette, are Respondents.

Court of Appeals of South Carolina.

Decided February 2, 2004.

Attorney(s) appearing for the Case

Marjorie T. Simmons, of Bellingham, Washington; and Rodney F. Pillsbury, of Greenville, for Appellants.

Grady L. Patterson, III, of Columbia, for Respondent Massachusetts Mutual Life Insurance Co.

James Theodore Gentry, of Greenville, for Respondents The Palmetto Bank and Phillip Betette.

ANDERSON, J.:

Appellants brought this action against Massachusetts Mutual Life Insurance Company ("Mass Mutual") and The Palmetto Bank ("Palmetto Bank") asserting causes of action for fraud and breach of fiduciary duty relating to the payment of dividends that accrued under an annuity contract with Mass Mutual. The trial court found these claims failed on their merits and were barred by the applicable statute of limitations. We affirm.

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