X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The full case caption appears at the end of this opinion. Plaintiff Donald Bowlby, Sr., was a member of defendant union from 1947 until his retirement in 1988. As an honorary retired member, he no longer pays dues but is entitled to various perquisites including medical insurance. In 1991, Donald and his wife Betty inquired of the union’s insurance clerk, Ruth Pearson, about a possible change in Betty’s insurance status after she applied for Social Security disability benefits. The Bowlbys incurred $12,742.53 in uninsured medical expenses after following Pearson’s erroneous advice. The Bowlbys filed suit against the union and its insurer claiming negligent misrepresentation. Following a jury verdict in the Bowlbys’ favor, the union appeals. OPINION HOLDS: I. We agree with the union that a pecuniary interest is required of a defendant in order to find liability for negligent misrepresentation under Restatement (Second) of Torts section 552. II. We disagree with the union that the information it proffered the Bowlbys was purely gratuitous since he no longer paid dues. The provision of information concerning members’ rights and a description of the services and benefits available is central to the union’s role. To the extent Don was not eligible for certain services until after the date of his retirement, he did, in essence, contract for future benefits. We rule as a matter of law that the union had a pecuniary interest in disseminating the information to the Bowlbys. III. In light of this finding, the district court committed harmless error in failing to properly instruct the jury on the pecuniary interest requirement.
Bowlby v. Teamsters Over The Road BOWLBY v. TEAMSTERS OVER THE ROAD. Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge. AFFIRMED. Considered en banc. Per curiam. Larson, Neuman, Snell, and Cady, JJ., concur; McGiverin, C.J., and Carter, Lavorato, and Ternus, JJ., concur in result only.
 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›