- 3 -
superior court issued a modified decree. The modified decree
required Mr. Lane to continue paying the premiums on the policy
as directed in the support decree.
On April 26, 1995, Mr. Lane filed a motion to modify the
modified decree. In a declaration attached to the motion to
modify, Mr. Lane asked that he be relieved of the obligation to
pay the premiums on the policy. Mr. Lane claimed that the policy
was originally intended to pay for Niklas’ health care if Mr.
Lane were to predecease Niklas. Mr. Lane claimed that Niklas’
care had been covered by Medicare and MedCal since 1992;
therefore, the policy was no longer needed.
On June 19, 1995, Niklas died. On December 28, 1995, the
superior court held a hearing on the motion to modify. On
January 4, 1996, the superior court issued a Statement of
Intended Decision (the Intended Decision). In the Intended
Decision, the superior court stated: “the purpose of the
insurance was to provide for Niklas.” The superior court,
acknowledging Niklas’ death, relieved Mr. Lane of his obligation
to pay the premiums on the policy. On December 26, 1996, the
superior court issued a Judgment after Trial confirming the
Intended Decision.
On October 12, 1999, this Court issued its Memorandum
Findings of Fact and Opinion in Marten I, which concluded that
premiums paid by Mr. Lane in 1993 and 1994 on the policy
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011