Cobb V. Pennsylvania Life Ins: Case Study

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trust and confidence.” Cobb v. Pennsylvania Life Ins. Co., 215 N.C.App. 268, 278, 715 S.E.2d 541, 550 (2011). Contrast these relationships with cases where the Court has found the existence of a fiduciary duty or relationship: where a defendant took advantage of his relationship with his ill brother (Terry v. Terry, 302 N.C. 77, 273 S.E.2d 674 (1981)); where a defendant took advantage of his relationship with his wife (Link v. Link, 278 N.C. 181, 179 S.E.2d 697 (1971)); or where a defendant son took advantage of his relationship with his mother (Vail v. Vail, 233 N.C. 109, 63 S.E.2d 202 (1951)). In the present case, the relationship purportedly forming the basis for the constructive fraud claim was formed in a professional setting and is

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