Tilley v. Franklin Life Insurance Co.

CRANDALL, Judge.

Plaintiffs, Everett A. Tilley and Bonita J. Tilley, appeal from the trial court’s grant of summary judgment in favor of defendants, The Franklin Life Insurance Company and John Brooks, in their action for fraud, fraudulent concealment, conversion, and negligence. We reverse and remand.

Our standard of review is set forth in the oft-cited ITT Commercial Finance Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). The record before the trial court consisted of insurance policies, depositions, exhibits, and affidavits. The record established that in September…