Digby v. Texas Bank

OPINION

McCLURE, Justice.

This is an appeal from a summary judgment granted against Terry “Bo” Digby, plaintiff below and Appellant herein, on his claim of malicious prosecution against Texas Bank and the officers and directors of the Bank, co-defendants below and collectively the Appellee herein. We reverse.

SUMMARY OF THE EVIDENCE

By a security agreement dated October 11, 1989, Digby and his wife obtained a loan for $100,000 from Texas Bank. As part of the collateral for the loan memorialized in the October 11 security agreement, the Digbys assigned a total of five life insurance policies,…