Regina Geels v. Lindsay Flottemesch

CourtIndiana Court of Appeals
DecidedApril 16, 2025
Docket24A-PL-02911
StatusPublished

This text of Regina Geels v. Lindsay Flottemesch (Regina Geels v. Lindsay Flottemesch) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Regina Geels v. Lindsay Flottemesch, (Ind. Ct. App. 2025).

Opinion

FILED Apr 16 2025, 9:01 am

CLERK Indiana Supreme Court Court of Appeals and Tax Court

IN THE

Court of Appeals of Indiana Regina Geels, Appellant-Defendant/Counter-Claimant

v.

Lindsay Flottemesch, Mackenzie Hatfield, and Stephanie Malinowski, as Guardian for Marley Malinowski, Appellees-Plaintiffs/Counter-Claim Defendants

April 16, 2025 Court of Appeals Case No. 24A-PL-2911 Appeal from the Allen Superior Court The Honorable David J. Avery, Judge Trial Court Cause No. 02D09-2107-PL-284

Opinion by Judge Tavitas Chief Judge Altice and Judge Brown concur.

Court of Appeals of Indiana | Opinion 24A-PL-2911 | April 16, 2025 Page 1 of 19 Tavitas, Judge.

Case Summary [1] Regina Geels is the designated beneficiary of her deceased brother’s two life

insurance policies. Upon the request of the brother’s daughters (“Daughters”),

the trial court imposed a constructive trust over the proceeds of the policies in

favor of Daughters. Geels appeals and claims: (1) state law remedies, such as a

constructive trust, are preempted by the Employment Retirement Security Act

(“ERISA”), which governs the policies; and (2) the trial court’s imposition of a

constructive trust was clearly erroneous. Daughters argue that Geels’ ERISA

argument is precluded by the law-of-the-case doctrine. We conclude that the

law-of-the-case doctrine is inapplicable and that ERISA preemption applies.

Accordingly, we reverse and remand.

Issue [2] Geels presents two issues, one of which we find dispositive and restate as

whether ERISA preempts imposing a constructive trust over the proceeds of the

life insurance policies at issue here.

Court of Appeals of Indiana | Opinion 24A-PL-2911 | April 16, 2025 Page 2 of 19 Facts and Procedural History 1 A. Facts

[3] David Malinowski died on June 14, 2021, and was survived by his daughters,

thirty-six-year-old Lindsay Flottemesch, thirty-three-year-old Mackenzi

Hatfield, and nine-year-old Marley Malinowski (collectively “Daughters”), and

his sister, Geels. David was not married at the time of his death. In June 2018,

David was experiencing financial difficulties and approached Geels asking her

for assistance in hiring an attorney to help with child custody issues between

him and his ex-wife, Stephanie Malinowski, regarding Marley. 2 Around that

same time, David told Geels that David needed to “change his . . . beneficiaries

because Stephanie was the beneficiary of everything.” Tr. Vol. II p. 119.

[4] On June 19, 2018, David executed his Last Will and Testament (“Will”). On

that same date, he also executed a durable power of attorney appointing Geels

as his attorney-in-fact and granting Geels broad powers. At all relevant times

prior to his death, David was employed with CRST International, Inc. As part

of his benefits, David was the recipient of two life insurance policies issued by

Metropolitan Life Insurance Company (“MetLife”) with a combined benefit

value of $150,000.

1 The facts and procedural history of this case are taken primarily from the trial court’s order and judgment, as both parties state in their briefs that they agree with the court’s findings. 2 Marley’s mother, Stephanie Malinowski, participates in this case as guardian for Marley, who died on January 15, 2024.

Court of Appeals of Indiana | Opinion 24A-PL-2911 | April 16, 2025 Page 3 of 19 [5] On June 28, 2018, David’s daughter Mackenzi sent a text to Geels informing

her that David told Mackenzi he had instructed Geels, upon his death, to split

his life insurance three ways and to place Marley’s share in trust until she was

twenty-one years old. Beginning in July 2018, Geels and her husband began

paying David’s medical bills, rent, child support, and utility bills. In short, it

appeared Geels began “acting as a de facto guardian” over David’s financial

affairs. Appellant’s App. Vol. II p. 27. In January 2020, David was admitted

to the hospital. He executed a form appointing Geels as his health care

representative. Geels and David also became joint owners of a bank account to

allow Geels to perform transactions while David was hospitalized.

[6] Upon his release from the hospital, David lived with Geels and her husband

from August to early September 2020. Thereafter, David moved in with his

daughter Lindsay for approximately a month, and then he lived with his friends

Nathan and Katherine Jensen until around December 2020 when he moved

into an apartment. On January 1, 2021, David designated Geels as the sole

primary beneficiary of his two MetLife insurance policies. David died in his

apartment on June 14, 2021. His cause of death was determined to be

congestive heart failure. On June 29, 2021, Geels submitted a claim to MetLife

for the life insurance proceeds. Three days later, David’s daughter, Lindsay,

contacted MetLife and informed it that “there was litigation as to the life

insurance policies[.]” Id. at 30.

Court of Appeals of Indiana | Opinion 24A-PL-2911 | April 16, 2025 Page 4 of 19 B. Procedural History

[7] On July 9, 2021, Daughters filed a petition to construe the Will and to impose a

constructive trust over the proceeds of David’s life insurance policies. They

named Geels and MetLife as defendants. Among other things, the petition

alleged that, despite Geels being named as the beneficiary of the two life

insurance policies, the proceeds should be held in constructive trust for the

benefit of Daughters because it was David’s intent that Daughters receive the

proceeds. The petition also alleged that the designation of Geels as beneficiary

was the result of undue influence or fraud. Geels filed an answer to the petition

and a counterclaim against Daughters for defamation.

[8] MetLife also filed an answer to the petition in which it asserted: (1) David was

enrolled in two employer-sponsored life insurance plans totaling $150,000; (2)

MetLife must administer claims in accordance with ERISA; and (3) Geels was

named as the sole primary beneficiary of both policies and had submitted a

claim to collect the proceeds. MetLife raised multiple affirmative defenses,

including that Daughters’ “claims against MetLife, if any, arise under 29 U.S.C.

§ 1132(a)(1)(B), of ERISA. To the extent the complaint makes claims or seeks

remedies not provided for under ERISA, those claims and remedies are pre-

empted by ERISA and must be stricken.” Id. at 96.

[9] On November 9, 2021, all parties filed an agreed motion for interpleader, which

stated in relevant part:

7. The Decedent was an employee of CRST International, Inc. (“CRST”) and a participant in the employee welfare benefit plan Court of Appeals of Indiana | Opinion 24A-PL-2911 | April 16, 2025 Page 5 of 19 sponsored by CRST (the “Plan”), governed by the Employee Retirement Security Act of 1974, as amended (“ERISA”), 29 U.S.C. § 1001, et. seq.

8. The Plan was funded, at least in part, by a group life insurance policy # [ ] (the “Policy”) issued by MetLife to CRST. A true and correct copy of the Plan documents are attached hereto as Exhibit A[.]

9. MetLife, as claim fiduciary, must administer claims in accordance with ERISA and the documents and instruments governing the Plan. 29 U.S.C. § 1104(a)(1)(D).

10.

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Regina Geels v. Lindsay Flottemesch, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regina-geels-v-lindsay-flottemesch-indctapp-2025.