Liability Of Decedent Covered Byinsurance - Litigation Involving Decedent - Probate - CA

Section § 550

This law allows a lawsuit to be started or continued against someone's estate if they had insurance covering the liability, even without involving their personal representative or heir in the legal case.

It also states that this legal remedy can be used alongside other legal actions.

(a) Subject to the provisions of this chapter, an action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate without the need to join as a party the decedent’s personal representative or successor in interest.

(b) The remedy provided in this chapter is cumulative and may be pursued concurrently with other remedies.

decedent's estate insurance protection liability establishment ...

Section § 551

This law allows you to start a legal action within one year after the original deadline if the person you were going to sue dies before the deadline. This extension applies only if the original deadline hadn't passed when the person died.

Notwithstanding Section 366.2 of the Code of Civil Procedure, if the limitations period otherwise applicable to the action has not expired at the time of the decedent’s death, an action under this chapter may be commenced within one year after the expiration of the limitations period otherwise applicable.

limitations period decedent’s death legal action extension ...

Section § 552

This law explains how to proceed with legal actions involving a deceased person's estate. When suing, you name the estate as the defendant and serve the summons to a representative designated by the insurance company, or directly to the insurer if there's no representative. The lawsuit proceeds just as it would against the deceased person's personal representative.

The court can appoint a personal representative to act as the defendant if needed. Additionally, if there's also a case against the personal representative, it can be combined with the case against the estate.

(a) An action under this chapter shall name as the defendant, “Estate of (name of decedent), Deceased.” Summons shall be served on a person designated in writing by the insurer or, if none, on the insurer. Further proceedings shall be in the name of the estate, but otherwise shall be conducted in the same manner as if the action were against the personal representative.

(b) On motion of an interested person, or on its own motion, the court in which the action is pending may, for good cause, order the appointment and substitution of a personal representative as the defendant.

(c) An action against the estate of the decedent under this chapter may be consolidated with an action against the personal representative.

estate defendant summons service decedent's estate ...

Section § 553

This law section states that an insurance company can refuse or challenge its responsibility to pay in a legal case related to this chapter, or in a separate lawsuit. However, if the personal representative of the estate isn't included as a party in the lawsuit, any decision made doesn't affect the estate's rights.

The insurer may deny or otherwise contest its liability in an action under this chapter or by an independent action. Unless the personal representative is joined as a party, a judgment in the action under this chapter or in the independent action does not adjudicate rights by or against the estate.

insurance liability independent action personal representative ...

Section § 554

This law explains how damages are handled in legal actions involving insurance and estates. Usually, any damages you want to claim in such a case must be covered by insurance. If it's not covered by insurance, you give up the right to collect them. The estate's property can't be used to pay judgments, only the insurance can. However, if the damages exceed what's covered by insurance, you can still pursue them if two conditions are met: the estate's personal representative must be part of the case, and you must file a claim that follows specific legal requirements.

(a) Except as provided in subdivision (b), either the damages sought in an action under this chapter shall be within the limits and coverage of the insurance, or recovery of damages outside the limits or coverage of the insurance shall be waived. A judgment in favor of the plaintiff in the action is enforceable only from the insurance coverage and not against property in the estate.

(b) Where the amount of damages sought in the action exceeds the coverage of the insurance, subdivision (a) does not apply if both of the following conditions are satisfied:

(1) The personal representative is joined as a party to the action.

(2) The plaintiff files a claim in compliance with Section 9390.

damages recovery insurance limits estate property protection ...

Section § 555

This section states that any legal actions started before July 1, 1989, are not affected by the changes introduced in the new law. The old laws remain valid for these cases, even though those laws were officially repealed in 1988.

(a) This chapter does not apply to an action commenced before July 1, 1989.

(b) The applicable law in effect before July 1, 1989, continues to apply to an action commenced before July 1, 1989, notwithstanding its repeal by Chapter 1199 of the Statutes of 1988.

pre-1989 legal actions law continuity repeal effect ...