UK Husband and Wife divorce after forty years of marriage.
Husband and Wife have one adult child, Son.
Couple are wealthy and own a hotel and some other commercial real estate.
Court awards Wife about 5 million pounds UK, to be paid out in installments, plus some property.
The court also orders Wife to exit the business, and Husband to hold Wife harmless from any liabilities arising during her time in the business.
Two months after their divorce is final, Wife, who is 70 years old, unexpectedly passes away.
Son is Wife’s sole heir.
A baby was severely injured in one of the couple’s properties several years ago.
After Wife’s death, the liability insurer denies coverage on a 3 million UK pound lawsuit claim.
In the midst of an appeal, Husband seeks to modify the property division between Husband and Wife in order to set aside the hold harmless and have Wife’s estate bear some of the now uncovered liability for the baby’s injuries.
The justification Husband offers is that he didn’t know the insurer would deny coverage.
The court takes the matter under advisement and will issue its ruling at a later date.
Under Florida law, a property award is fairly difficult to set aside … unless there is nondisclosure or fraud or overreaching.