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State Farm Fire and Casualty Co. v. Darsie12/16/2003
rt's findings of fact and conclusions of law, whether or not contradictory evidence as to any one fact exists. See Graham v. Martin, 149 N.C. App. 831, 561 S.E.2d 583 (2002) (upholding the trial court's factual determination of unjust enrichment, but reversing the constructive trust remedy with de novo application of the Statute of Frauds).
Because we believe evidence in the record is unclear about when Mrs. Leinfelder discovered or should have discovered with reasonable diligence the alleged fraud by Mr. High, we search the record for only competent evidence to support the trial court's findings. Id. However, while we review these findings with great deference, there must be at least some quantum of evidence to support them. Specifically in this case, there must be evidence showing Mrs. Leinfelder has carried her burden to toll the statute of limitations by showing the fraud was first discovered sometime within the three years preceding her claim, or by lack of capacity at an otherwise reasonable time of discovery preceding those three years.
B. Finding of Fact #43 and Conclusion of Law #27
In its finding of fact #43, the trial court determined:
43) After Mrs. Leinfelder instituted her claim against her husband's estate for her damages, she discovered that State Farm was contending that her husband only had $100,000 of automobile liability coverage from which to recover rather than the $1,000,000 of liability coverage which she and her husband thought they had purchased in 1994 upon the recommendation of Mr. High.
This is the only finding of fact clearly suggesting when Mrs. Leinfelder first discovered the fraud. Mrs. Leinfelder's claim against her husband's estate was brought on 5 October 1999. State Farm instituted its declaratory action on 4 February 2000 which sought to deny coverage under the PLUP. Mrs. Leinfelder did not then make a claim of fraud, equitable estoppel, and reformation until 10 May 2001. In its last conclusion of law #27, the trial court found:
27) The claims of equitable estoppel and reformation raised in the Amended Counterclaim are not barred by the statute of limitations.
1. February 1994 to October 1996
In her brief, Mrs. Leinfelder argues that finding of fact #43 and conclusion of law #27 are supported by these findings of fact made by the trial court:
57) At the time of the meeting in February 1994, Mr. High had been the Leinfelders' insurance agent for almost 10 years.
58) The Leinfelders considered Mr. High to be their State Farm agent and contacted him with whatever questions they had regarding their insurance.
59) The Leinfelders always followed Mr. High's recommendations in regards to their insurance issues.
60) The Leinfelders had complete trust and faith in Mr. High in 1994.
61) In 1994, Mr. and Mrs. Leinfelder relied on what Mr. High told and recommended to them about their insurance coverages.
65) A few weeks after signing the application for the personal umbrella policy, the umbrella policy and accompanying documents were mailed to, and received by, Mr. and Mrs. Leinfelder.
66) Mrs. Leinfelder received and reviewed the insurance policy and documents to make sure that it was an umbrella policy as Mr. High had told her, that it did have limits of $1,000,000.00, and that she and her husband were the insured parties under the policy. However, she did not read the policy from cover to cover.
67) Mr. and Mrs. Leinfelder relied on what Mr. High told them was contained in the policy, and since they trusted him completely, they did not feel it necessary to check beh
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