J.W. Switzer

The plaintiff, Richard Froud, was wholly unsuccessful in his action against his sister, Susan Froud, concerning their mother's estate.

This endorsement addresses the defendants' request for substantial indemnity costs.

The court considered the defendants' offer to settle, which the plaintiff did not accept, and the factors under Rule 57.01 of the Rules of Civil Procedure.

While the plaintiff's conduct did not meet the threshold for reprehensible conduct warranting substantial indemnity costs, the court found the defendants' Bill of Costs reasonable given the complexity and duration of the litigation.

The court awarded the defendants partial indemnity costs of $75,000, inclusive of disbursements.

The plaintiff, Richard Froud, brought an action against his sister, Susan Froud, seeking disgorgement of life insurance proceeds she received following their mother's death.

Richard alleged that a family agreement required the mother's $1,000,000 life insurance policy to be reduced to $500,000 in exchange for him receiving a house at a discounted price.

The court found that the written agreements, including an Agreement of Purchase and Sale and an Acknowledgment, did not contain a condition to reduce the policy.

The court also dismissed claims of breach of fiduciary duty and bad faith, concluding that the parties acted in their own best interests.

The action was dismissed in its entirety.