Zahabi v. Zahabi, WD
| Decision Date | 01 November 1988 |
| Docket Number | No. WD,WD |
| Citation | 760 S.W.2d 539 |
| Parties | Fereidoon ZAHABI, Respondent-Appellant, v. Janet E. ZAHABI, Appellant-Respondent. 39617. |
| Court | Missouri Court of Appeals |
Karon D. Ramsey, Kansas City, for appellant-respondent.
Fereidoon Zahabi, Kansas City, pro se.
Before KENNEDY, C.J., and BERREY and FENNER, JJ.
This appeal arises out of dissolution proceedings involving the marriage of Fereidoon Zahabi and Janet Zahabi. Only one point remains to be addressed on appeal as the parties have reached a settlement agreement resolving their differences as to the other issues that were pending. Specifically, Janet Zahabi, appellant, challenges the action of the trial court in ordering that certain funds, relating to a double insurance payment, be placed in escrow.
When Fereidoon and Janet Zahabi were married in 1981, each had children from previous marriages. Sean Kirkpatrick, Janet's son, was hospitalized for nearly a year at Heartland Hospital. Fereidoon carried group health insurance through his employer with Connecticut General Life Insurance Company, insuring him and his dependents. Janet carried her group insurance with Blue Cross-Blue Shield, insuring her and her dependents. The trial court found that Connecticut General paid $70,072.24 to Heartland Hospital as a secondary carrier to Blue Cross-Blue Shield upon which a claim was made for identical medical expenses. Pursuant to that claim, Janet received a check from Blue Cross-Blue Shield for $69,250.95. Furthermore, Janet received an additional payment of approximately $2,000 from Blue Cross-Blue Shield for medical services provided on behalf of Sean Kirkpatrick which were included in the claim amount of $6,692.27 paid by Connecticut General for services rendered Sean Kirkpatrick in January and February of 1985.
The payments received by Janet from Blue Cross-Blue Shield were used to pay off the balance of $9,158.94 due Heartland Hospital. Fereidoon received $15,000 of the money. He deposited it in the parties joint account and paid some of the marital debts with it. Janet also paid off some marital debts with the money along with some of her attorney's fees. A money market certificate in Janet's name at KCI Landmark Bank in the amount of $20,100.71 accounted for at least $16,100.71 of the insurance proceeds. A balance of $1,574.44 was found by the trial court to be unaccounted for. The money market certificate is the subject of this appeal.
The trial court further found that as a result of the duplicate payment the parties had incurred a contingent liability and that both parties, "realize that they have been 'overpaid' and that they do not hold the insurance money paid herein as a result of a rightful and proper claim...."
In the Judgment Entry Nunc Pro Tunc of July 14, 1987, the trial court made the following order:
It is ordered as to the Money Market Certificate 0200002577 with K.C.I. Landmark Bank with a current balance of $20,100.71, which was obtained by the inadvertent double payment of insurance proceeds as previously mentioned herein shall be paid with any and all interest into an escrow account with the Circuit Clerk of Platte County, Missouri, and Petitioner and Respondent are ordered to notify in writing their respective insurance companies of the "over payment situation" and of the deposit in escrow of the foregoing sum. It is further ordered that the parties provide the Court copies of their correspondence to their respective insurance companies.
The Court will not allow the parties to perpetuate nor continue a fraud, nor will the Court divide property that, apparently from the testimony presented herein, rightfully belongs to neither Petitioner nor Respondent.
The trial court went further and ordered that in the event that a claim is filed against both or either of the parties as a result of the duplicate insurance claims, "then each party shall be jointly, equally, and severably liable for said claim."
Appellant contends that the trial...
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Wagner v. Wagner, WD
...nor made distribution of any such property determined to be marital. Husband bases his argument for remand on Zahabi v. Zahabi, 760 S.W.2d 539 (Mo.App.1988) and Shewey v. Shewey, 725 S.W.2d 921 (Mo.App.1987). This court in Shewey stated the applicable rule as In State ex. rel. McClintock v.......
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