Callaghan v. Coberly

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This is ■ an action for wrongful death brought against the personal representative of the estate of Martha Coberly to recover insurance proceeds from a policy held by the estate. This action would be time-barred by the probate code’s statute of nonclaim, Ark. Code Ann. § 28-50-101(a) (Michie Supp. 1995), were it not for the fact that tort claims that can recovered entirely from insurance proceeds are exempt from that statute, id. § 28-50-101(f) (Michie Supp.1995).

The issue before this court on summary judgment is whether this exemption to the…