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Stafford v. Allstate Life Insurance Co.10/18/2005
erally. That standard requires the pleader to allege facts that affirmatively demonstrate the court's jurisdiction to hear the case. Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993). We construe the pleadings in favor of the plaintiffs and look to the pleaders' intent. Id. If the plaintiffs lack standing, the trial court has no jurisdiction over the merits of the claim, and the entire cause must be dismissed. Bell v. Moores, 832 S.W.2d 749, 753--54 (Tex. App.---Houston [14th Dist.] 1992, writ denied).
To establish standing, a person must show a personal stake in the controversy. Hunt v. Bass, 664 S.W.2d 323, 324 (Tex. 1984). That is, they must allege personal injury fairly traceable to the defendant's unlawful conduct and likely to be redressed by the requested relief. Brown v. Todd, 53 S.W.3d 297, 305 (Tex. 2001), citing Allen v. Wright, 468 U.S. 737, 751 (1984).
Stafford alleges that a conspiracy existed among all of the named appellees. Stafford's third amended petition states,
Each of the Defendants participated in the misconduct complained of herein, as a primary participant, co-conspirator and/or aider-and-abettor. Defendants combined among themselves to accomplish a shared unlawful purpose -- to make illegal profits by coercing Plaintiffs into accepting illegal structured settlements funded by annuities from Allstate Life and Allstate Settlement with mutual aid and a tacit understanding in carrying it out, and committed the other acts alleged in this Petition and have damaged Plaintiff and the Class Members. Defendants are each responsible for all wrongdoing done by each and any of the other conspirators in furtherance of the unlawful combination(s).
Stafford further alleges that each appellee harmed Stafford personally by participating in the alleged conspiracy. Specifically, Stafford alleges in her petition,
Each of the Defendants repeatedly and knowingly coerced Plaintiff and the Class into accepting structured settlements funded by annuities at lower than market and competitive rates, charged excessive fees and commissions, funded the annuities at amounts less than agreed to by Plaintiffs, and paid or accepted illegal rebates/kickbacks.
Additionally, the petition alleges,
Defendants' wrongful plan, scheme and common course of conduct was designed to and did induce Plaintiffs and other members of the Class to enter into structured settlements funded by annuities with Allstate Life under unlawful circumstances, and through fraudulent means, to the detriment of Plaintiff and the Class members.
This language, as well as other language in Plaintiff's Third Amended Petition, is sufficient to allege that all the named appellees caused Stafford harm, not just those covered by the release. Although the remaining appellees are not alleged to have been directly involved in the original settlement agreement and release with Stafford, they are alleged to have harmed Stafford through their participation in a concerted scheme or plan.
Stafford has alleged personal injury directly traceable to the remaining appellees' conduct. Therefore, she has pled sufficient allegations to support personal standing against the remaining appellees. As noted above, the parties do not claim that Stafford is otherwise barred from bringing suit against the remaining appellees.
Accordingly, we reverse the summary judgment as to Allstate Indemnity Company, Allstate Property and Casualty Company, Allstate County Mutual Insurance Company, and Allstate Texas Lloyds, and remand to the trial court for further proceedings.
Conclusion
Because the release signe
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