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AMERUS LIFE INS. CO. v. BANK OF AMERICA

No. B184145.

49 Cal.Rptr.3d 493 (2006)

143 Cal.App.4th 631

AMERUS LIFE INSURANCE COMPANY, Cross-complainant and Appellant, v. BANK OF AMERICA, N.A., Cross-defendant and Respondent.

Court of Appeal of California, Second District, Division Five.

September 28, 2006.

Attorney(s) appearing for the Case

Walters, Bender, Strohbehn & Vaughn, J. Michael Vaughan, Garrett M. Hodes; Barger & Wolen, Bryan C. Crawley and Vivian I. Orlando, Los Angeles, for Cross-complainant and Appellant.

Barton, Klugman & Oetting, Robert Louis Fisher, Los Angeles, and Randall H. Kennon, for Cross-defendant and Respondent.

KRIEGLER, J.

We review the granting of a summary judgment in favor of cross-defendant and respondent Bank of America, N.A. (BofA) on the cross-complaint of appellant AmerUS Life Insurance Company (AmerUS) alleging a conversion cause of action. The underlying lawsuit arose out of a fraud perpetrated by defendant Richard Shear against an elderly widow named Maxine E. Levy, trustee of the Levy Family Trust. In the period from late 1995 through the summer of 1996, Shear...

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