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Senn v. Northwest Underwriters, Inc.

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whether Mary Ann Cimoch breached her fiduciary duty as a director of consumers?

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whether Mary Ann Cimoch breached her fiduciary duty as a director of consumers?

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1. Primary Legal Issue: Did Mary Ann Cimoch breach her fiduciary duty as an officer and director of Consumers Indemnity, leading to personal liability for the company's financial losses?

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Whether Cimoch's inaction was proximate cause of the corporation's losses.

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Whether Cimoch's inaction was proximate cause of the corporation's losses.

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Whether Mary Ann breached her statutory fudiciary duty as a director of consumers?

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Liability of directors: whether the defendant (Cimoch) could be held liable for the actions of other directors.

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Liability of directors: whether the defendant (Cimoch) could be held liable for the actions of other directors.

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Did Mary Ann Cimoch breach her fiduciary duty as an officer and director of Consumers Indemnity, which led to the company's financial losses?

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Did Mary Ann Cimoch breach her fiduciary duty as an officer and director of Consumers Indemnity, which led to the company's financial losses?

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Whether Mary Ann Cimoch breached her fiduciary duty by failing to prevent the misappropriation of funds?

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Whether Mary Ann Cimoch breached her fiduciary duty by failing to prevent the misappropriation of funds?

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Whether or not Mary Ann Cimoch breached her statutory fudiciary duty as a director of consumers by failing to act against another director's conversion of funds

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Whether Mary Ann Cimoch breached her statutory fiduciary duty as a director by failing to act against another director?

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Whether Mary Ann Cimoch breached her statutory fiduciary duty as a director by failing to act against another director?

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Whether Mary Ann breached her fiduciary duty as a director by failing to act on the mismanagement of the funds by her husband?

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Whether Cimoch could be held liable for the actions of other directors despite her lack of knowledge and whether Cimoch's inaction was a proximate cause for the corporation's loss?

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Whether Mary Cimoch breached her statutory fiduciary duty as a director of consumers by failing to act against another director's conversion of funds, thereby causing the company's losses? 

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Whether Mary Cimoch breached her statutory fiduciary duty as a director of consumers by failing to act against another director's conversion of funds, thereby causing the company's losses? 

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Whether Mary Ann breached the fiduciary duty by failing to monitor the company’s activities, leading to the misappropriation of funds?

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Whether Mary Ann breached the fiduciary duty by failing to monitor the company’s activities, leading to the misappropriation of funds?

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Mary Ann Cimoch was a company secretary and director of the of the Consumers and Underwriters. She failed to fulfill her fiduciary duty by allowing Northwest Underwriters to misappropriate over $ 12 million in premium payments intended for Consumers Indemnity Company.

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Mary Ann Cimoch was a company secretary and director of the of the Consumers and Underwriters. She failed to fulfill her fiduciary duty by allowing Northwest Underwriters to misappropriate over $ 12 million in premium payments intended for Consumers Indemnity Company.

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To determine cause in fact, one must consider whether the individual’s breach of duty was the but-for consequence of the loss.