7th Circuit rejects ‘kitchen sink approach’ in widow’s insurance appeal

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A woman whose husband died of cancer as their purchase of several Terre Haute-based car dealerships was failing is not entitled to proceeds of his life insurance policy – a policy that had been assigned as an asset in the sale of the lots – the 7th Circuit Court of Appeals ruled Monday.

The court affirmed rulings in favor of the insurer and third parties by Judge Larry J. McKinney of the U.S. Court for the Southern District of Indiana in Terre Haute. “Finding no merit in any of the issues appealed, we affirm the district court’s judgments,” Judge Michael S. Kanne wrote for the panel in Cincinnati Life Insurance Company v. Marjorie Beyrer,

The Beyrers managed and later began to purchase car dealerships owned by Mark Savoree. The 7th Circuit noted that the deal began to fall apart almost immediately and resulted in a series of lawsuits. In the instant case, the panel didn’t reserve criticism.

“Appellant’s complaint strikes us as exactly the type of ‘kitchen sink approach to pleading’ that we have previously found to violate the Federal Rules,” Kanne wrote. “At times, appellant’s convoluted language even renders it unclear precisely what fact she has attempted to allege.”

The opinion refers to an example paragraph and notes, “there are 27 different possible permutations of the allegation. … This was not appellant’s most complex sentence.” Judges expressed seeming exasperation with the appeal, noting, “The paragraph numbers restart at 119 after 150, which is yet one more example of how confusingly this complaint was constructed.”

The panel agreed with McKinney’s rulings dismissing the Beyrers’ cross-claims and third-party claims for failing to meet pleading standards; denial of motions for modification and reconsideration; and summary judgment on distribution of the life insurance proceeds.

Beyrer’s claims that asserted fraud or unjust enrichment against assignees of the policy failed to meet heightened pleading standards under Fed. R. Civ. P. 9(b) that require such allegations be made with particularity. “That means describing the ‘who, what, when, where, and how’ of the fraud,” Kanne wrote. “As the district court observed, appellant failed at this task.”

“Appellant contends that she (or, more realistically, her counsel) has done ‘more than the usual,’ including ‘traveling to the remote reaches of Illinois,’” Kanne wrote. “We are sympathetic to the travel required to find far-off court reporters, and we do not wish to cast aspersions on the level of effort expended by appellant or her counsel. But Fed. R. Civ. P. 9(b) does more than simply mandate that attorneys show some increased amount of work.”



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...