Dean H. Clark

The defendants were successful in defending a summary judgment motion brought by the plaintiffs and sought full indemnity costs of $5,509.03.

The plaintiffs argued for costs of $750.

The court found that full indemnity costs were not warranted as the matter was relatively straightforward.

Considering the factors in Rule 57.01, the court awarded the defendants costs on a partial indemnity basis fixed at $3,500, payable forthwith.

The plaintiffs brought a motion for summary judgment claiming the proceeds of a life insurance policy based on a separation agreement.

The agreement required the deceased to designate his former spouse as the irrevocable beneficiary of any employment-related life insurance policy in trust for their children to secure child support.

The deceased later changed jobs and designated his new spouse as the beneficiary of his new employer's policy, but had also purchased a separate policy naming the children as beneficiaries.

The court dismissed the motion, finding genuine issues for trial regarding whether the support obligation was frustrated when the deceased lost his previous employment, whether the separate policy satisfied the intent of the agreement, and whether the former spouse came to court with clean hands.