Security Life Insurance v. Clark

I must respectfully dissent from the majority’s opinion which affirms a judgment on a RICO claim against Security Life Insurance Company.

1. In light of the Supreme Court’s opinion, which affirmed in part and reversed in part our decision, and the law of the case as established in the remaining portions of our original opinion, that claim is now based solely upon the act of agent Fipps in forging the Clarks’ application for health insurance which was then submitted by Fipps to Security and Security’s later wrongful rescission of the insurance. The extensive record below and the transcript of…