Smith v. St. Paul Fire & Marine Insurance

MEMORANDUM AND ORDER

BELOT, District Judge.

This ease comes before the court on the parties’ motions for summary judgment (Docs. 98, 99). The parties have responded to the motions and the court is prepared to rule.

Undisputed Facts

Plaintiff Dean Smith’s mother, Zella Smith, was admitted to a nursing home in 1982. Zella Smith owned real property in Pawnee County, Kansas, and in 1983, she executed a document giving Dean Smith (“plaintiff”) power of attorney to mortgage her property. The 1983 power of attorney was prepared by attorney Jerry Larson and was not recorded.

In 1984, plaintiff applied for…