Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of June 25, 2007

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions can be accessed by clicking the cause number then clicking View HTML Version of Opinion.

W. Reserve Life Assurance Co. of Ohio v. Graben, No. 02-05-00328-CV (June 28, 2007) (McCoy, J., joined by Dauphinot and Gardner, JJ.).: Held: Evidence that a securities broker placed his clients' funds in investments that had a level of risk unsuitable for the clients’ financial needs did not establish a false, misleading, or deceptive act under the insurance code because there was no evidence that the broker made any misrepresentations to the clients that caused their market losses. But because the broker also assumed the role of the clients’ financial advisor by actively monitoring and managing their investments, the relationship between the broker and clients was elevated into a fiduciary relationship by the very nature of the broker’s actions.