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Appeals court affirms judgment in family land-contract dispute

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A trial court properly ruled that an insurance company owed no duty to a mother who sold property on contract to her son and daughter-in-law, but the son and daughter-in-law who collected proceeds from the policy do.

The Indiana Court of Appeals on Tuesday affirmed the judgment of Howard Circuit Judge Lynn A. Murray in a 28-page order that found an insurance company was not liable for failing to name the mother on a home insurance policy despite her ownership.

In Nancy A. Missig v. State Farm Fire & Casualty Company, Andre M. Missig, and Autumn Missig, 34A02-1212-CT-1002, the court did find that Andre and Autumn Missig did bear liability to Nancy Missig, who had sold a Kokomo home to them on a contract under which they agreed to pay a monthly sum plus taxes and insurance.

When the home burned and was a total loss, State Farm paid claims to Andre and Autumn totaling $270,000, but the couple failed to make good on the land contract. The trial court found, and the appeals court affirmed, that State Farm owed no duty to the mother, but that she was entitled to a lien on a home in Windfall that Andre and Autumn purchased with insurance proceeds. The lien of more than $153,000 plus interest represents the balance due Nancy on the land contract for the Kokomo home.

“We conclude that the trial court properly entered judgment for Nancy against Andre and Autumn for the full unpaid balance of the land contract including interest, plus a lien and constructive trust as to the Windfall Property,” Judge John Baker wrote for the panel that included judges Ezra Friedlander and Nancy Vaidik. “We also conclude that the trial court properly determined that State Farm was not obligated to pay additional proceeds to Nancy because it already paid the required funds to Andre and Autumn, the named insureds under the policy.

“Indeed, Autumn and Andre could have shared the proceeds they received from State Farm with Nancy, but chose not to do so,” Baker wrote. The court also noted “the trial court observed that Nancy did nothing to confirm that her interest in the property was protected.”
 

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  1. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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