Moffett

FACTS

On July 24, 2008, Sodders met with Becker at her home for the purpose of applying for life insurance. She was approximately 67 years old at the time. Moffett was present during this meeting. There are many disputes about what precisely occurred during this meeting, and Moffett argued that Becker’s conduct was below the standard of care and/or fraudulent in numerous respects, including failing to provide Sodders with appropriate senior disclosures, failing to provide a conditional receipt, failing to disclose that premiums were not guaranteed to be level for 15 years, failing to provide the actual policy, having her sign a blank application, choosing a policy that did not require medical underwriting, failing to maintain notes from the meeting, and various other issues. What

2 is undisputed and important for purposes of the instant summary judgment motion is that during the meeting, Becker obtained extensive health information from Sodders. According to the first amended complaint (the complaint) and Moffett’s separate statement of undisputed facts, Becker asked Sodders about her history of smoking. Sodders said that she had been a smoker but had stopped two years earlier.…