Mallek v. First Banc Insurors Agency

Introduction

Dorothy N. Mallek (Mallek) appeals from the trial court’s grant of summary judgment to First Bank, Inc. and First Brokerage America, L.L.C. (collectively referred to as “Defendants”) on Mallek’s Third Amended Petition for Damages alleging fraudulent misrepresentation in the sale of a life insurance policy. We reverse. 1

Procedural Background

In her third amended petition, Mallek alleged as follows. After Mallek’s husband died, Mallek invested the proceeds of a property sale in an annuity (Annuity), which was to pay her an annual payment of $24,000 for five years. Mallek further…