- 24 - life or other unspecified insurance.9 We thus conclude that insurance payments of $6,724 in 1990 and $7,471 in 1991 for coverage of the marital home10 were made “under” the written separation agreement embodied in the June 1 letters; the remaining insurance payments were not. Were the Payments to Third Parties Received “on Behalf of” Hermine? Rule 91(a) contemplates stipulations of matters “[involving] fact or opinion or the application of law to fact.” Rule 91(e) provides generally that a stipulation shall be treated as a conclusive admission by the party to it which the party is not permitted to qualify, change or contradict. Hermine has stipulated that the payments to third parties at issue in this case were “on Hermine’s behalf”; she is therefore generally precluded from qualifying or contradicting that stipulation. See id. However, where the Court finds that a stipulation is plainly contrary to the facts revealed by the record, the Court is justified in disregarding the stipulation. See Jasionowski v. 9 We note in this regard the likelihood, in the context of the record, that some of the generically described insurance payments were for insurance covering the automobile Harvey was providing for Hermine. 10 While a portion of the homeowner policy premiums for the marital home represented extra coverage for “jewelry and furs”, we conclude that insurance for such high value contents fairly falls within the terms of “normal and usual expenses of maintenance and operation” of a residence.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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