C. Daniel Hurlbut v. Gulf Atlantic Life Insurance Company

Insurance agents C. Daniel Hurlbut and A. C. Hovater sued their former employer, Gulf Atlantic Insurance Company, its parent corporation, and several corporate officers for fraud, business disparagement, and tortious interference with contract rights. After a trial by jury, the trial court rendered judgment for actual and exemplary damages against all defendants. The court of appeals reversed the judgment of the trial court and rendered judgment that Hurlbut and Hovater take nothing, holding that all claims were barred by limitations. 696 S.W.2d 83. We reverse the judgment of the court of appeals and hold that a fact issue was raised regarding when Hurlbut and Hovater should have discovered defendants fraud. Because the court of appeals additionally held that the great weight and preponderance of the evidence supported a finding that Hurlbut and Hovater should have discovered the fraud more than two years prior to filing suit, we remand the cause to the trial court for new trial.