Ragan v. Hill

FRYE, Justice.

In this appeal, plaintiffs contend that the Court of Appeals erred in holding that their personal injury action was barred because a claim was not presented to the personal representative of decedent’s estate within six months of decedent’s death. Plaintiffs further contend that defendant and plaintiffs’ underinsured motorist carrier are estopped from asserting this time bar as a defense because they did not raise the defense until twenty-two months after the complaint was filed and after representing during discovery that no such defense was present. We find it unnecessary to…