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Appellate court cites claim-splitting, res judicata in rejecting appeal

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In a life insurance case that has spanned eight years, the Indiana Court of Appeals has ruled that an appeal from a widow is without merit.

In Bonita G. Hilliard, in her capacity as Trustee of the H. David and Bonita G. Hilliard Living Trust v. Timothy E. Jacobs, No. 28A04-1106-CT-284, Bonita Hilliard appeals the trial court’s decision to grant summary judgment in favor of Timothy Jacobs.

Bonita Hilliard’s husband, David, and Jacobs were business partners from 1997 until they sold their company in 2002. In 1999, the two men executed a cross-purchase agreement that required each of them to take out a life insurance policy so that if one partner died, the other could use insurance policy proceeds to buy out the other’s interest in the company.

After the sale of the company, David Hilliard suggested that he and Jacobs swap policies; Jacobs declined and continued paying premiums, but David Hilliard stopped paying premiums for the policy on Jacobs.

David Hilliard filed suit in 2003, requesting the trial court to order Jacobs to terminate the policy or transfer it to David Hilliard. He allegedly feared for his life and did not assert all his claims of relief, hoping for a speedy trial. The court granted judgment in favor of David Hilliard, but the COA later reversed that decision, finding nothing in the cross-purchase agreement to warrant termination of the policy Jacobs owned. David Hilliard died in 2004. In this most recent appeal, his widow contends the trial court erred in granting summary judgment in favor of Jacobs.

The COA affirmed the trial court, holding that Bonita Hilliard’s claims are barred by res judicata. By withholding legal theories of relief and evidence, she has engaged in claim splitting in an effort to allow herself another chance to litigate her claims, the appellate court wrote.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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