United States v. John Junior Cartwright

451 F.2d 1021

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 30, 1971
• Docket: 26214
• Status: Published

Opinion

PER CURIAM:

After the district court granted summary judgment against the United States, the Arizona Supreme Court decided in Teel v. Barth, 107 Ariz. 452, 489 P.2d 262 (1971), that when a deceased has purchased insurance to protect others against his negligence and there is no reprehensible dilatoriness on the part of the claimant nor failure of the claimant to proceed in a reasonable manner, an action may prqceed against the estate to collect on the insurance policy even though the estate has been closed and the probate court has entered a final decree of distribution.

That case requires reversal of the summary judgment.

Counsel for appellee have demonstrated the highest degree of ethics in calling Teel to the attention of this court after the cause was submitted.

Reversed and remanded to the district court to reinstate the action.