[Download] "Satye B. Moore and Thaxton S. Moore v." by Supreme Court of Alabama * eBook PDF Kindle ePub Free

April 06, 2021

eBook details

Title: Satye B. Moore and Thaxton S. Moore v.
Author : Supreme Court of Alabama
Release Date : January 31, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

Satye B. Moore and her son, Thaxton S. Moore, Jr., sued Liberty National Life Insurance Company and its agent, Albert Craig Hidy, alleging that Hidy had taken out loans against two of the Moores' life insurance policies without the Moores' knowledge or permission. The two policies, purchased by Mrs. Moore, insured her son's life. Through their original complaint and two subsequent amended complaints, the Moores basically asserted fraud, misrepresentation, and conversion claims against Liberty National. The two amended complaints followed the trial court's dismissal of their first complaint and a refusal to set aside that dismissal. After hearing arguments for a third time on the motion to dismiss and after reviewing the evidence that was presented, the trial court, pursuant to Rule 12(b)(6), A.R.Civ.P., treated Liberty National's motion to dismiss as a motion for summary judgment. The trial court entered a summary judgment against the Moores, and they appealed. The first issue that the Moores raise is whether the trial court erred in treating Liberty National's motion to dismiss as a motion for summary judgment. In its Rule 12(b)(6) motion, Liberty National asserted that the Moores failed to state a claim upon which relief could be granted.