[WSBAPT] Application of creditor claim time limitation on personal injury suit?

[Dalynne Singleton]

Is there insurance to cover the claims being made for the MVA injuries?
If yes, review RCW 11.40.060 and start there:

RCW 11.40.060
Claims involving liability or casualty insurance-Limitations-Exceptions to time limits.
The time limitations for presenting claims under this chapter do not accrue to the benefit of any liability or casualty insurer. Claims against the decedent or the decedent's marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be presented within the time limitation of RCW 11.40.051, but the amount of recovery cannot exceed the amount of the insurance. The claims may at any time be presented as provided in RCW 11.40.070, subject to the otherwise relevant statutes of limitations, and do not constitute a cloud, lien, or encumbrance upon the title to the decedent's probate or nonprobate assets nor delay or prevent the conclusion of probate proceedings or the transfer or distribution of assets of the estate. This section does not serve to extend any otherwise relevant statutes of limitations.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals selina at glgmail.com<mailto:selina at glgmail.com> valerie at glgmail.com<mailto:valerie at glgmail.com>.  My legal assistant can be reached at paige at glgmail.com<mailto:paige at glgmail.com>.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of susan at pepetersonlaw.com
Sent: Friday, September 29, 2023 11:42 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Application of creditor claim time limitation on personal injury suit?

I have been directed by the court to, within the next few days, brief the issue of whether the expiration of the creditor claim time period is an effective bar against a personal injury lawsuit.  The applicable statute of limitations for the tort had not expired at the time of the decedent's passing, but the creditor claim period elapsed months ago and no lawsuit has been filed or creditor's claim made.  Does anyone have any briefing they can share or can anyone point me in the right direction?  As I said, I was given a short window to get this done, so any help would be greatly appreciated.

Susan E. Spuller
Attorney at Law

Peterson Spuller, PLLC
345 Knechtel Way NE, Suite 102
Bainbridge Island, WA 98110
206.855.9293
Fax: 206.678.0105


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