 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Roberts v. Progressive Northwestern Insurance Co.12/21/2004
rendered thereon out of the assets of the estate of such deceased wrongdoer, such action shall be maintained against a personal representative appointed by the probate division of the circuit court and the plaintiff shall comply with the provisions of the probate code with respect to claims against decedents ' estates. Nothing in this section shall be construed to permit a plaintiff in such cause of action to pursue other assets of a decedent's estate after the expiration of the time provided in section 473.444, RSMo.
Subject to exceptions not relevant here, section 473.444 provides that all claims against the estate of a deceased person which are not filed in the probate division or paid by the personal representative become unenforceable and time-barred one year following the date of the decedent's death, whether or not administration of the decedent's estate is had or commenced within such one-year period.
Our review of the record reveals no indication that a decedent's estate was opened after Campbell died. Neither do we find any indication that Thomas' and Cara's personal injury claims were filed with the probate division of the circuit court within one year after his death. Therefore, no judgment could be satisfied from any assets of Campbell's estate. See section 473.444; section 537.021.1(2). The latter statute, however, does authorize the appointment of a defendant ad litem "if a deceased wrongdoer was insured against liability for damages for wrongdoing and damages may be recovered from the wrongdoer's liability insurer ...." This issue appears to remain unresolved since Universal dismissed without prejudice the declaratory judgment action it brought against Thomas, Cara, Progressive and others seeking an adjudication that its policy did not provide any liability coverage for the accident of July 21, 1997. Accordingly, there is a procedural mechanism by which Progressive can seek to recover any sums paid as uninsured motorist benefits to the extent, if any, that Universal's policy provides liability coverage.
In conclusion, the settlement agreements are not binding on Progressive insofar as these documents purport to release Thomas' and Cara's liability claims against Campbell. Dickhans, 705 S.W.2d at 106; Marshall , 854 S.W.2d at 612. Since the settlements did not impair Progressive's subrogation rights, it must comply with its contractual duty to pay uninsured motorist benefits to Thomas and Cara pursuant to the judgments entered below. Once those payments occur, Progressive will acquire the subrogation rights granted by section 379.203.4 and the terms and conditions of its policy. That will permit Progressive to pursue its subrogation claim by bringing suit in the names of Thomas and Cara against a defendant ad litem for Campbell. Any recovery in such a lawsuit, however, will be limited to the amount Progressive paid as uninsured motorist benefits. The releases executed by Thomas and Cara are binding on them as to any claim they might have had for damages in excess of the amounts paid to them by Progressive. See Dickhans , 705 S.W.2d at 106; Marshall, 854 S.W.2d at 612.
The judgments of the trial court are affirmed.
Page 1 2 3 4 5 6 7 8 9 10 11 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|