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Sure Co. Tort Actions

Assistance is needed with a synopsis:

o What tort actions do you see

o The identity of potential plaintiffs

o The identity of potential defendants and why you see each one as a defendant

o The elements of the tort claim that constitute the plaintiffs claim

o Any defenses you think defendants might assert

o How you think the claim will be resolved, stating legal reasons for your answer

Scenario 3: Franco is an agent for SureCo, Inc., an independent insurance agency that offers policies from several insurance companies. With the economy in crisis, SureCo is experiencing hard times. The boss tells the agents that if they do not start selling insurance policies, the agency is going to shut down and everyone will be out of a job. Franco needs this job badly, and starts calling his customers to see if he can sell some policies. He calls Raul, and tells Raul that if he increases his coverage at present rates, Franco will guarantee that the premiums will never go up. He tells other customers the same thing, and many take advantage of the offer to increase their coverage and lock in at the present rates. The commissions start rolling in, and the boss is pleased.

A year later, when customers get bills for policy renewals, they are irate to see that premiums have gone up. The boss finds out for the first time what Franco has done when she is served with a lawsuit filed by a customer. She yells at Franco, and demands that he clear out his desk. She has security escort Franco out of the building in front of the other agents, who are shocked. When asked by the other agents about what happened, the boss tells them Franco was fired for stealing.

Raul decides to get back at the agency, and marches up and down the street in front of the agency with a big sign that says, SureCo cheats its customers. The boss cannot let this continue, so she takes a staple gun, goes outside, and fires it in Raul's direction, hoping to scare him away. Unfortunately, she misses and hits Raul in the eye, causing permanent blindness in that eye.

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A synopsis:

o What tort actions do you see
The tort actions that I see are the actions of fraud. The customers would sue SureCo. Inc for intentional deception by Franco. The second tort action I see is that of breach of fiduciary duty by France to SureCo. Inc. The third tort action I see is that of defamation filed by Franco against the boss of SureCo. Inc. The fourth tort action I see is that of intentional tort of battery.
o The identity of potential plaintiffs
The identity of the first suit of fraud plaintiffs would be the customers of SureCo Inc who had been duped into increasing their coverage by Franco. The second plaintiffs would be the boss of SureCo Inc because there was a breach of fiduciary duty by Franco to SureCo Inc. The third plaintiff would be Franco because he had been defamed by the boss of SureCo Inc that he had been fired for stealing, even though he had not actually stolen anything. Finally Raul is a plaintiff.
o The identity of potential defendants and why you see each one as a defendant
The first defendant will be SureCo Inc. I will see the SureCo Inc as the defendant because Franco was an agent of SureCo Inc and so SureCo Inc was responsible for committing the fraud of duping them into ...

Solution Summary

Sure Co is discussed in great detail in this solution.