Schultz v. Schultz

696 N.E.2d 1169, 297 Ill. App. 3d 102, 231 Ill. Dec. 598
CourtAppellate Court of Illinois
DecidedJune 4, 1998
Docket2-97-0909
StatusPublished
Cited by19 cases

This text of 696 N.E.2d 1169 (Schultz v. Schultz) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schultz v. Schultz, 696 N.E.2d 1169, 297 Ill. App. 3d 102, 231 Ill. Dec. 598 (Ill. Ct. App. 1998).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

The plaintiff, Annie L. Schultz, filed a complaint against the defendants, State Farm Insurance (through its agent Jim Truninger) and the children of the plaintiffs deceased husband Ernest J. Schultz (Ernest), for declaratory and equitable relief seeking a court order granting Annie the proceeds from Ernest’s life insurance policy. After a bench trial, the court ruled in the defendants’ favor. We affirm.

On September 3, 1966, the plaintiff and Ernest married. Each had children from previous marriages. Ernest’s five children, Dennis Schultz, Ernest “John” Schultz, Larry Schultz, LaVonne Hicks, and Cheryl Navickis, are the defendants and appellees in this' case.

In November 1982, Annie and Ernest executed and placed into effect the “Ernest J. and Annie L. Schultz Living Trust.” In May 1993, State Farm Insurance Company, through its agent James L. Truninger, issued Annie and Ernest separate universal life insurance policies. Each policy required a single premium payment of $50,000. Annie and Ernest paid the premiums with a single certified check in the amount of $100,000. Ernest’s policy had an initial face value of $81,000 and the plaintiffs policy had an initial face value of $100,000. The initial designated beneficiary for Ernest’s policy was “Annie L. Schultz of Rockford, Illinois, as Trustee or her successor or successors in trust, under the Ernest J. Schultz Living Trust, dated November 24, 1982.” The initial designated beneficiary for the plaintiffs policy was “Ernest J. Schultz of Rockford, Illinois, as Trustee or his successor or successors in trust, under the Annie L. Schultz Living Trust, dated November 24, 1982.” The policies stated that an insured may change the beneficiary of the policy “while the Insured is alive by sending [State Farm] a request.”

In 1993, Ernest was diagnosed with cancer of the esophagus and lungs. On August 12, 1994, Ernest executed a change of beneficiary form that changed the beneficiary under his life insurance policy from the trust to Ernest’s children. In October 1994, Ernest moved out of the marital home and moved in with his daughter, Cheryl. On October 18, 1994, Ernest filed a petition for dissolution of marriage. The plaintiff learned of the petition the same day it was filed and changed the beneficiary of her life insurance policy to her children. In addition, at trial the plaintiff gave conflicting testimony regarding when she discovered that Ernest changed his beneficiary. At one point during the plaintiffs testimony she stated that she learned of the change on October 18, 1994. However, the plaintiff also testified that she did not learn of the change until later.

On December 4, 1994, Ernest died. Five days later, the plaintiff filed a complaint seeking equitable ánd declaratory relief requesting that the court award her the proceeds of Ernest’s life insurance policy. The plaintiff amended her petition twice, and the case went to trial on her third amended petition for declaratory and equitable relief.

The plaintiffs third amended petition alleged in pertinent part that (1) Ernest’s change of beneficiary designation was void as against public policy and violated the automatic stay provision of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/501.1 (West 1994)); (2) “it was unclear whether or not [Ernest] understood what he was doing” when he changed the beneficiary designation; (3) the “life insurance policies were used to protect and secure the welfare of the surviving party upon the death of the other”; (4) “marital funds were used to purchase [Ernest’s] life insurance policy”; (5) the plaintiff “would suffer irreparable harm and injury if she did not receive [the] funds”; and (6) Ernest “was under the undue influence, domination and control of his children, which deprived him of the freedom of will” when he changed his beneficiary designation. In the prayer for relief, the plaintiff sought a declaration that the change in beneficiary designation was void as against public policy and violative of the automatic stay provision of the Marriage Act, a declaration in law and equity that the plaintiff is the rightful recipient of the proceeds of the State Farm life insurance policy, and “such other and further relief as the court may deem necessary.” The complaint also sought the same declaration regarding a life insurance policy issued by Keystone Consolidated Industries through Ernest’s employer. Because the plaintiff failed to present any evidence at trial regarding this policy, the trial court granted the defendants’ motion for a directed finding regarding this issue.

At the close of the plaintiff’s case, the defendants moved for a directed finding. At this point the words “constructive trust” were first mentioned in a case cited by the plaintiff’s attorney. After the defendants rested, the trial court asked the parties to address the constructive trust issue during closing arguments. After hearing closing arguments, the trial court found that the allegation regarding undue influence was without merit. After reviewing the parties’ briefs, the trial court found that Ernest did not violate the automatic stay provision pursuant to section 501.1 of the Marriage Act (750 ILCS 5/501.1 (West 1994)). The trial court stated that it had not come to a decision regarding the constructive trust issue. Then, in a memorandum of decision, the trial court ruled that “there had been no unjust enrichment requiring the Court to impose a constructive trust.” During the hearing on the plaintiffs motion to reconsider, the trial court noted that it doubted whether the constructive trust issue was sufficiently raised by the pleadings. The plaintiff filed this timely appeal.

On appeal, the plaintiff challenges only the trial court’s decision regarding the State Farm Insurance policy. The plaintiff first argues that the trial court erred by refusing to create a constructive trust. The defendants argue that the plaintiff waived the constructive trust argument because the plaintiff failed to allege sufficient facts to support the imposition of a constructive trust. We agree with the defendants.

Initially, we address the plaintiff’s claim that the defendants may not raise the insufficiency of her complaint because they failed to raise it in the trial court and failed to file a cross-appeal. The plaintiff fails to recognize that, although issues not raised by appellants in their briefs are generally considered waived (155 Ill. 2d R 341(e)(7)), appellees may urge any point in support of the judgment on appeal that is supported by the record regardless of whether the point was raised in the trial court. Mayfield v. ACME Barrel Co., 258 Ill. App. 3d 32, 37 (1994). Thus, we now address the sufficiency of the plaintiff’s complaint.

It is well established that a plaintiff may not recover on a theory that is not contained in her complaint. Lempa v. Finkel, 278 Ill. App. 3d 417, 424 (1996). As this court previously stated, “ ‘Proof without pleadings is as defective as pleadings without proof.’ ” Keno & Sons Construction Co. v. La Salle National Bank, 214 Ill. App. 3d 310, 312 (1991), quoting Greene v. Rogers, 147 Ill. App. 3d 1009, 1021 (1986).

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Bluebook (online)
696 N.E.2d 1169, 297 Ill. App. 3d 102, 231 Ill. Dec. 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schultz-v-schultz-illappct-1998.