Defendants in a civil action to recover damages for identity theft must have committed acts that satisfy the elements of the crime provided by the criminal code, a Pennsylvania state court judge has ruled.

In Roofner v. Midland National Life Insurance Co., PICS Case No. 07-2017 (C.P. Armstrong, Nov 2007) Valasek, J. (8 pages), Armstrong County Common Pleas Judge Kenneth G. Valasek found that plaintiff Rosemarie I. Roofner failed to state a legally sufficient claim against a life insurance company, bank and financial advisor Roofner blamed for allowing her daughter to fraudulently drain an annuity account. Valasek granted preliminary objections by two of the defendants.

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