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

400 F.2d 274, 1968 U.S. App. LEXIS 5789

Opinions

PER CURIAM.

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 noncompliance is not excused and we affirm this appeal on the basis of that opinion. Swan v. Estate of Monette, D.C.Ark., 1967, 265 F.Supp. 362.

Affirmed.