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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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