Pasley v. American Underwriters, Inc.

CONOVER, Judge.

Franklin Pasley appeals from a declaratory judgment rendered in favor of American Underwriters, Inc. In that judgment the Lake Circuit Court held that Pasley had not properly filed a tort claim against the estate of Jimmie Members, and therefore such claim was barred.

We affirm.

FACTS

Jimmie Members was the insured under a motorcycle liability policy issued by American Underwriters, Inc. (American). On May 11, 1975, Members, while operating his motorcycle, struck and seriously injured Franklin Pasley. Members died instantly.

During the two year period following the accident, no…