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Barker v. Roelke3/20/2003
n his allegation that Jackie Jay was a party to the releases which he executed. Our rejection of this allegation also defeats his conversion and breach of contract claims. Appellant released all claims which he possessed against the Roelkes in consideration for the sum of $500,000. His receipt of this sum from appellees conclusively establishes that they did not breach the terms of the release agreements or convert any property to which appellant was entitled.
Appellant argues in Sub-issue No. 1f that appellees' summary judgment grounds of release and ratification do not defeat his claims of civil conspiracy and fraud which he has asserted against appellees. He contends that appellees are liable for Jackie Jay's fraud because they paid her money
after having knowledge of her allegedly fraudulent conduct. Appellant further alleges that appellees' representations as to the amount of insurance benefits available to satisfy his claims became false when appellees paid additional amounts to Jackie Jay. Appellant's civil conspiracy and fraud claims are also dependent upon his allegation that Jackie Jay was a party to the releases he executed.
Finally, appellant argues in Sub-issue No. 1g that the releases do not release appellee State Farm Fire & Casualty Company from liability. The releases do not specifically identify State Farm Fire & Casualty Company. However, the releases state that appellant released appellee State Farm Mutual Automobile Insurance Company and each of its:
artnerships, corporations, or professional associations with which [it has] been affiliated...as well as any and all persons, firms, organizations, subsidiaries, affiliates, partners, predecessors and successors in interest, assigns, or corporations in privity with .
The record establishes that State Farm Fire & Casualty Company is affiliated with State Farm Mutual Automobile Insurance Company. We note in this regard that appellant has collectively referred to these two companies as "State Farm" throughout his pleadings and briefs. Appellant's sole appellate issue and each of its subparts are overruled.
The judgment of the trial court is affirmed.
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