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ESTATE OF K.H. v. CONTINENTAL INS. CO.

Nos. S-9949, S-9959.

73 P.3d 588 (2003)

CONSERVATORSHIP ESTATE OF K.H., Appellant/Cross-Appellee, v. CONTINENTAL INSURANCE COMPANY; Community Advocacy Project of Alaska, Inc.; Professional Guardian Services Corporation; and David Schade, Appellees/Cross-Appellants.

Supreme Court of Alaska.

Rehearing Denied July 30, 2003.

Attorney(s) appearing for the Case

Robert S. Noreen, Law Office of Robert S. Noreen, Fairbanks, for Appellant and Cross-Appellee.

Christopher E. Zimmerman, McConahy, Zimmerman & Wallace, Fairbanks, for Appellee and Cross-Appellant Continental Insurance Company.

James D. Oswald, Song Oswald & Mondress, PLLC, Seattle, Washington, and Ronald Bliss, Bliss, Wilkens & Clayton, Anchorage, for Appellee and Cross-Appellant Community Advocacy Project of Alaska, Inc.

David W. Pease, Burr, Pease & Kurtz, Anchorage, for Appellees and Cross-Appellants Professional Guardian Services Corporation and David Schade.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

K.H.'s inheritance was rapidly depleted while he was in the care of professional guardians. He sued two prior guardians, the first for breach of fiduciary duty and the second for fraud. The superior court dismissed the claims against both guardians on statute of limitations grounds. However, because neither guardian filed a final accounting that fully disclosed all financial matters, thus triggering...

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