[WSBAPT] Is "Estate" party to Arbitration Agreement?
Amy Goertz
amyjgoertz at icloud.com
Mon Nov 25 11:15:47 PST 2019
> Sorry for the confusing subject line sent previously.
>
> Good morning, list servers,
>
>
> Here is the question of the day:
>
> A resident of an assisted living facility signed a contract that includes an agreement between the “parties" to arbitrate any disputes.
>
> The resident died due to the fault of the assisted living facility. Estate of resident filed suit.
>
> Asslsted living facility has brought a Motion to Dismiss based on the agreement to arbitrate.
>
> Is the “Estate” a separate entity and thus not a “party” to the arbitration agreement? or is the estate merely another form of the deceased resident and thus a “party”?
>
> Does anyone have any authority they can point me to that suggests one interpretation or another?
>
>
>
>
> Amy J. Goertz, J.D.
> Goertz & Lambrecht PLLC
> amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com>
>
> 1.888.926.2607 phone
> 1.877.684.1627 fax
>
> Address for correspondence:
> 2829 S. Grand Blvd., Suite 303
> Spokane, WA 99203
>
> Additional office locations:
> 510 Bell Street
> Edmonds, WA 98020
>
> Goertz & Lambrecht PLLC
> www.goertzlambrecht.com <http://www.goertzlambrecht.com/>
>
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