MATTER OF McWHORTER

No. 88-7561.

887 F.2d 1564 (1989)

In the Matter of Leamon Paul McWHORTER, Debtor. DIXIE NATIONAL LIFE INSURANCE COMPANY, etc., Plaintiff-Appellant, v. Leamon Paul McWHORTER, Debtor; Masie P. Killingsworth; Masie P. Killingsworth, as Administratrix, etc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 14, 1989.


Attorney(s) appearing for the Case

William A. Robinson and R. Carlton Smyly, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, Ala., for plaintiff-appellant.

Terry McElheny and J. Fred Wood, Dominick, Fletcher, Yeilding, Wood & Lloyd, P.A., Birmingham, Ala., for defendants-appellees.

Before KRAVITCH, JOHNSON and ANDERSON, Circuit Judges.


PER CURIAM:

The issue in this case is whether the district court erred in granting summary judgment based on collateral estoppel on the question whether an insurance company was aware of and ratified the fraudulent actions of one of its agents. We hold that summary judgment was improper in this case and reverse the judgment of the district court.

I. BACKGROUND

L. Paul McWhorter, the defendant, persuaded many people to buy Dixie National Life Insurance...

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