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COA: Insurance funds aren't a money judgment

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In a matter of first impression, the Indiana Court of Appeals decided today that a summary judgment granting insurance policies isn't equivalent to a money judgment that would allow for 8 percent post-judgment interest.

In Bonita G. Hilliard, in her capacity as trustee of the H. David and Bonita G. Hilliard Living Trust v. Timothy E. Jacobs, No. 28A01-0904-CV-168, the trial court ordered Bonita Hilliard to pay post-judgment interest to Timothy Jacobs, who held several life insurance policies on her husband, H. David Hilliard. Jacobs and Hilliard got the policies on each other while they were co-owners of a business.

The company was eventually sold, but Jacobs refused to swap policies with Hilliard or terminate them. Hilliard sued Jacobs and won a judgment that Jacobs end the policies on Hilliard's life. Hilliard died while Jacobs appealed the decision. The Court of Appeals overturned the trial court and held Jacobs could retain the policies.

After years of more litigation between Bonita and Jacobs, and Bonita posting a $250,000 letter of credit as security pending appeal, the appellate court granted summary judgment in favor of Jacobs, granting him access to the $2.5 million in insurance funds. He received the money, plus 3 percent interest.

Jacobs sued Bonita, arguing he was entitled to 8 percent interest pursuant to Indiana Code Section 24-4.6-1-101 because the trial court order granting him possession of the policies was effectively a money judgment. The trial court agreed, granting him the 8 percent from the line of credit.

On appeal, Bonita argued the trial court order just transferred ownership of certain property to Jacobs but wasn't a judgment for money.

The appellate court couldn't find a case directly on point with this issue, but it examined several cases that addressed the nature of "judgment of money" and "money judgment." This research led Judges Paul Mathias and Margret Robb to determine the order wasn't a money judgment because the order didn't require the payment of a sum of money and didn't state the specific amount due. As such, post-judgment interest provisions of Section 101 don't apply, wrote Judge Mathias.

"The order did not require the payment of any specific amount due; it instead granted Jacobs ownership of the policies," he wrote.

The majority remanded the issue for further proceedings.

Judge Carr Darden dissented, writing the majority's analysis and result elevated form over substance. The subject of the dispute is certain insurance policies, which are contracts that have face values in specific sums.

"The court was asked to determine who rightfully owned the policies and was entitled to the proceeds. Therefore, I would find that such a determination, on these facts, constituted a money judgment in favor of the prevailing party," he wrote.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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