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

[Jennifer L White]

Susan,
A couple of kernels to get you going:
If there is liability insurance, then here is the relevant statute:
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.

If the claim exceeds coverage limits and the plaintiff would be looking to get something more from the estate assets, then you are back to questions including but not limited to: Did you give actual notice to the tort plaintiff? Was the claimant a readily ascertainable creditor?

Jennifer L. White, Esq.
[cid:image001.jpg at 01D9F2CB.AB086FC0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
509.225.9813

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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