Wilbanks v. Wolk [1] SummaryThreat Type: LawsuitDate: 07/05/2001Status: ConcludedDisposition: Settled (total)Location: California Verdict or Settlement Amount: N/ALegal Claims: DefamationUnfair Competition Scott Wilbanks, a viatical settlement broker, filed a defamation and unfair business practices lawsuit against Gloria Wolk, a former insurance agent and author of books on viatical settlements (viaticals are arrangements that allow dying persons with life insurance policies to sell their... read full description PartiesParty Receiving Legal Threat: Gloria Wolk (dba Bialkin Books)Type of Party: IndividualOrganizationType of Party: IndividualLocation of Party: CaliforniaLocation of Party: CaliforniaLegal Counsel: Steven Ames BrownLegal Counsel: Philip R. Green (Law Offices of Green & Green); Wendy M. Lazerson (Holland & Knight); Thomas A. Trapani (Rankin Sproat & Pollack) Description Scott Wilbanks, a viatical settlement broker, filed a defamation and unfair business practices lawsuit against Gloria Wolk, a former insurance agent and author of books on viatical settlements (viaticals are arrangements that allow dying persons with life insurance policies to sell their policies to investors for a percentage of the death benefits). According to Wilbanks's complaint, Wolk defamed him and his company on her website Viatical & Life Settlements Consumer Information [2], which provides information about settlement brokers, by publishing the following statements: Be very careful when dealing with this broker. Wilbanks and Assoc. is under investigation by the CA dept. of insurance. The complaint originated with a California viator who won a judgment against Wilbanks. How many others have been injured but didn’t have the strength to do anything about it? The company is under investigation. Stay tuned for details. Wilbanks and Associates provided incompetent advice. Wilbanks and Associates is unethical. Wolk moved to strike the defamation claim under California's anti-SLAPP statute. The court granted her motion and awarded Wolk $7,000 in attorney fees and costs. On August 17, 2004, the California Court of Appeals reversed [3], finding that Wilbanks had shown a reasonable probability of success on the merits of his claims. Update: The California Superior Court's electronic docket states that the case was dismissed with prejudice on August 18, 2005, following settlement discussions in chambers. Related Links: California Superior Court Case Summary [4] DetailsWeb Site(s) Involved: Viatical & Life Settlements Consumer Information [2] Content Type: TextPublication Medium: WebsiteSubject Area: DefamationSLAPPBusiness Torts Court Information & DocumentsJurisdiction: CaliforniaSource of Law: CaliforniaCourt Name: Superior Court of California, County of San Francisco; California Court of Appeals, First Appellate DistrictCourt Type: StateCase Number: CGC-01-322652 (trial), A101100 (appeal)Relevant Documents: 2004-08-17-Wilbanks v. Wolk Appellate Opinion.pdf [5] CMLP Information (Private)Priority: 1-High