DRI members Roy L. Stacy and Clinton Howie of Stacy & Conder LLP in Dallas recently obtained a summary judgment on behalf of James Glenn Turner, Jr., on claims asserted by T. Boone Pickens and Cowboy Athletics, Inc., the athletic foundation for Oklahoma State University. The case arose out of Cowboy Athletics’ purchase of $10 million life insurance policies on the lives of 27 donors and supporters pursuant to OSU’s “Gift of a Lifetime” insurance program. After the insurer, the Lincoln National Life Insurance Company, filed a declaratory judgment action in the U.S. District Court for the Northern District of Texas, Pickens and Cowboy Athletics filed counterclaims against Lincoln and third-party claims against Turner, John Ridings Lee, and Larry Anders. Pickens and Cowboy Athletics alleged that the insurance policies had not been properly delivered to Cowboy Athletics and that Turner, Lee, and Anders had misrepresented various aspects of the insurance program. Pickens and Cowboy Athletics sought rescission of the policies and/or damages totaling approximately $40 million. In granting motions for summary judgment filed by Lincoln, Turner, Lee, and Anders, the court ruled that Turner, Lee, and Anders had not misrepresented the insurance program to Cowboy Athletics and Pickens and that the policies had been constructively delivered to Cowboy Athletics at the time they were issued in 2007.