SPENCE v. WINGATE

No. 27055.

395 S.C. 148 (2011)

716 S.E.2d 920

Deborah W. SPENCE, Individually, and on Behalf of the Estate of Floyd D. Spence, Respondent, v. Kenneth B. WINGATE; Sweeny, Wingate & Barrow, P.A.; and Robert P. Wilkins, Jr., Defendants, Of whom Kenneth B. Wingate and Sweeny, Wingate & Barrow, P.A. are Petitioners.

Supreme Court of South Carolina.

Decided October 17, 2011.

Rehearing Denied November 17, 2011.


Attorney(s) appearing for the Case

Pope D. Johnson, III , of Johnson & Barnett, L.L.P., of Columbia, for Petitioners.

A. Camden Lewis , of Lewis & Babcock, L.L.P., of Columbia, for Respondent.


Acting Chief Justice BEATTY.

In this action, Deborah W. Spence ("Mrs. Spence") alleges attorney Kenneth Wingate and his law firm ("Wingate")1 breached a fiduciary duty to her as a former client regarding the handling of her late husband's congressional life insurance policy. The circuit court granted partial summary judgment to Wingate, finding as a matter of law that Wingate did not owe any fiduciary duties in this regard. The Court of...

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