Henry A. Swan and Peggy Ann Swan v. Estate of Robert Roseman Monette by Ollie Monette, Administratrix

Plaintiffs-appellants appeal from an order sustaining defendant-appellant’s motion for summary judgment and dismissing the complaint. The issue raised is whether the fact that the decedent carried a policy of liability insurance on his automobile excuses plaintiffs’ failure to comply with the Arkansas non-claims statute in pursuing their cause of action against decedent’s estate. Arkansas has no direct action statute which could cover the situation herein. We hold, on the basis of a carefully considered and thorough opinion of the District Court, the Honorable John E. Miller, that the…