Court Sides With PSD Client on Aiding and Abetting Breach of Fiduciary Duty and Negligent Misrepresentation Claims

In a Memorandum of Decision and Order dated March 21, 2016, a Massachusetts Superior Court judge rejected efforts by a life insurance broker seeking the dismissal of a claim against him and his company for aiding and abetting a breach of fiduciary duty by an estate planning attorney for a couple, as well as a claim for negligent misrepresentation. As alleged, the life insurance broker paid a “commission” of $27,945 to the attorney in connection with recommendations to the husband to replace approximately $9 million of uncontestable life insurance with $15 million in contestable life insurance. The Court found the claims adequately stated: 160321 Memo and Decision and Order on Motion to Dismiss