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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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