In 2005, Sheila Newman decided to invest a large amount of her savings. Having little knowledge of

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In 2005, Sheila Newman decided to invest a large amount of her savings. Having little knowledge of investments, she researched companies online and decided to buy an annuity from National Western (NW). She called NW and was put in touch with Lynn Strickland, Jr., who told her that if she invested \($200,000,\) she could live off the interest she received. Newman agreed, and Strickland instructed her to obtain two cashier’s checks—one for \($75,000\) and one for \($125,000—and\) that both checks should be made payable to Lone Star Financial “in order for him to be able to handle the money.” Lone Star Financial is owned by Strickland. Strickland went to Newman’s house to give her a two-page application. She began completing it but did not finish because Strickland said he was in a hurry and she trusted he would take care of it. Part of the application stated, in capital letters, that “ALL CHECKS MUST BE PAYABLE TO NATIONAL WESTERN LIFE INSURANCE COMPANY.” Newman’s initials appeared next to the statement that the policy had been explained to her and that she had received and reviewed a copy of the consumer disclosures. She claimed her initials were forged and that she never received the disclosures. Strickland deposited the \($75,000\) check in Lone Star’s account and endorsed the \($125,000\) check over to NW. NW issued a policy to Newman for \($125,000.\) Newman drew on the policy and received several checks from NW. Newman asked Strickland for a copy of the policy, but he gave her excuses or cancelled appointments with her. After about two years, she finally complained to NW that she never received a copy of her \($200,000\) policy. NW told her that the policy was for \($125,000\). Newman sued Strickland and NW. Is NW responsible for Strickland’s acts?

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The Legal And Ethical Environment Of Business

ISBN: 9781454893028

2nd Edition

Authors: Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner, Jonathan J. Darrow

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