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Case of the Month August 2025

Court Awards Disaster Remediation Services Company $577.4K in Suit for Fraudulent Transfer of Insurance Proceeds

Royal Plus Inc. v. The Trousdale Found. Inc.

Case Type:
Fraud & Misrepresentation - Fraud
Business Organizations - Alter Ego
Insurance - Other Insurance
Vicarious Liability

Specific Liability:
Disaster remediation services company asserted that owner of nursing home failed to pay for water restoration services that it performed because insurance proceeds were wrongfully transferred to other corporations

General Injury:
Monetary Damages

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Related Court Documents:
Plaintiff's complaint: 2022 WL 22911769
Plaintiff's trial brief: 2024 WL 5414261
Defendants' trial brief: 2024 WL 5414258
Order for entry of judgment 2025 WL 522519

Case Name:
Royal Plus Inc. v. The Trousdale Found. Inc. et al.

Docket/File Number:
2022-CV-001253

Result Amount:
$577,361

Result Date:
January 07, 2025

Judge:
Susan M. Crawford

Attorneys:
Plaintiff: Kevin D. Trost, Trost LLC, Madison, WI
Defendants: Christopher T. Koehnke, von Briesen & Roper SC, Milwaukee, WI; Laurie J. McLeRoy, von Briesen & Roper SC, Milwaukee, WI

Result Type:
Bench Trial

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$577,361 to plaintiff for damages

Summary of Facts:
Plaintiff Royal Plus Inc., a disaster remediation services company, reportedly provided water remediation and restoration services for a nursing home located in Black Earth, Wis., which was owned and/or operated by Benchmark Healthcare of Dane County Inc., doing business as Heartland Country Village. The plaintiff contended that Benchmark Healthcare was operated by defendant The Trousdale Foundation Inc. (referred to as Trousdale), a nonprofit corporation, while Trousdale reportedly established defendant Senior Living Support Services Inc. (SLSS) to handle nursing homes' administrative and management services, which included Benchmark Healthcare.

The plaintiff asserted that Benchmark Healthcare hired it after its facility sustained significant flood and/or water damage due to a rain event that occurred in August 2018. According to the plaintiff, it performed extensive work to restore the nursing home, which resulted in its submitting an invoice to Benchmark Healthcare for approximately $598,465. However, despite allegedly receiving payments totaling $700,000 from Chubb Insurance Company, the plaintiff asserted that Benchmark Healthcare failed to pay sums due.

According to court documents, the plaintiff obtained a judgment of approximately $598,766 against Benchmark Healthcare in 2019. However, the plaintiff asserted that it was unable to fully execute its judgment against Benchmark Healthcare, and sought to collect its judgment against Trousdale and SLSS.

In a complaint, the plaintiff named Trousdale and SLSS as defendants, and asserted multiple claims, which included claims for alter ego and/or vicarious liability against Trousdale and fraud against both defendants. Specifically, the plaintiff argued that Trousdale should be held liable for Benchmark Healthcare's debt as its alter ego.

The plaintiff also asserted a claim for voidable transfer under Wis. Stat. Sections 242.04(1) and 242.05(1), arguing that the defendants had transferred insurance proceeds paid to Benchmark Healthcare to SLSS with the intent to defraud.

The defendants denied liability and denied that they had engaged in fraudulent transfer. The defendants also disputed the nature and extent of the plaintiff's claimed damages.

Following a bench trial, the court found in the plaintiff's favor regarding its claim of a voidable transfer under Wis. Stat. Section 242.05(1) against SLSS and awarded the plaintiff $577,361.

The court denied the plaintiff's claim of vicarious liability against Trousdale and denied the plaintiff's claim for a voidable transfer under Wis. Stat. Section 242.04(1)(a) against Trousdale based upon insufficient evidence.

Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Westlaw Citation:
2025 WL 588567