Kelley v. Peerless Insurance

The issue presented is whether a release of a wrongful death claim, executed on behalf of an estate by one who has procured his appointment as administrator of the estate through fraud, binds the estate.

On July 21, 1973, a vehicle driven by Richard Chrzaszcz, and in which Gail Richards was a passenger, collided with a motor vehi*254cle driven by Harold Anderson. Both Richards and Chrzaszcz died as a result of injuries sustained in the accident. Chrzaszcz was insured by Peerless Insurance Company, and Anderson was insured by Liberty Mutual Insurance Company.

Approximately one week after the…