Zallaps v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Full title: Judith A. Zallaps, individually as the Insured under the Sun Life…

Court: Court of Appeals of Colorado, Fourth Division

Date published: Sep 15, 2022

No. 21CA0162 (Colo. App. Sep. 15, 2022)

Opinion

21CA0162

09-15-2022

Judith A. Zallaps, individually as the Insured under the Sun Life Assurance Company of Canada Futurity Accumulator Flexible Premium Variable Universal Life Insurance Policy No. 2220001483, and as a Trustee for and on behalf of the Ilgvars J. Zallaps Family Trust, a Colorado trust; and Ilgvars J. Zallaps Family Trust, a Colorado trust, Plaintiffs-Appellants, v. Merrill Lynch, Pierce, Fenner & Smith, Inc., a Delaware corporation; Wells Fargo Advisors Financial Network, LLC, a Delaware limited liability company; Garner Allen Mabry IV; Todd Michael Schwartz; and Schwartz Mabry Private Wealth Advisory, LLC, a Colorado limited liability company, Defendants-Appellees.

PAWAR, JUDGE

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

City and County of Denver District Court No. 20CV30737 Honorable Martin F. Egelhoff, Judge

OPINION

PAWAR, JUDGE

JUDGMENT AFFIRMED IN PART, REVERSED IN PART, ORDER AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS

Brown and Bernard , JJ., concur

Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2021.