Indiana Farmers Mutual Insurance v. Richie

I respectfully dissent. Indiana Code § 29-l-14-l(f) does not apply to bar Richie’s lawsuit to the extént he seeks to realize upon any casualty insurance proceeds available to indemnify against decedent’s negligence, and does not seek to affect any interest in the assets of the estate. As noted in the majority, the relevant portion of the non-claims statute reads as follows:

Nothing in this section shall affect or prevent the enforcement of a claim for injury to person or damage to property arising out of negligence against the estate of a deceased tort feasor within the period of the statute…