First National Bank v. Mutual Trust Life Insurance

I cannot accede to the decision of my learned colleagues.

We are faced with two delinquent parties: the plaintiff bank failed to police its loan, and the defendant insurance company violated the statute in several particulars.

As to the finger pointing, it requires no citation of authority to say that all well-pleaded facts in a complaint must be taken as true when the complaint is dismissed on motion as being insufficient as a matter of law. I note that nowhere in its complaint does the bank allege that it took any action to ascertain that Drakos was current in his payment of premiums.

With…