Wagg v. Estate of Dunham

146 Wash. 2d 63
CourtWashington Supreme Court
DecidedMarch 28, 2002
DocketNo. 71238-7
StatusPublished
Cited by42 cases

This text of 146 Wash. 2d 63 (Wagg v. Estate of Dunham) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wagg v. Estate of Dunham, 146 Wash. 2d 63 (Wash. 2002).

Opinion

Ireland, J.

— Petitioner Estate of Bard Dunham seeks review of a Court of Appeals decision affirming summary judgment dismissal of a creditor’s claim against the estate and reversing summary judgment dismissal of a personal injury action covered by the decedent’s liability insurance policy. We find that a personal injury suit properly com[65]*65menced within the statute of limitations, and which is to be satisfied solely from insurance proceeds, is controlled by former RCW 11.40.011 (1989)1 and is not subject to a time limitation for the filing of a claim against the estate.

FACTS

On May 30, 1996, Bard Dunham and Greg Wagg were involved in a motor vehicle accident on Washington State Route 97. The accident caused Dunham’s immediate death. Wagg survived, but claims he sustained severe personal injuries. Wagg alleges Dunham, a high school student, fell asleep while driving, crossed the center line of the road, and collided head-on with the dump truck Wagg was driving. Dunham died without a will. His vehicle was covered by an automobile liability insurance policy.

PROCEDURAL HISTORY

On February 12, 1999, pursuant to RCW 11.28.120,2 Wagg filed a petition for letters of administration in Okanogan County, requesting the appointment of Thomas Benner as personal representative of the estate for the sole purpose of resolving Wagg’s personal injury claims. On May 7, 1999, the court opened Dunham’s estate and appointed Benner as personal representative.

On May 11, 1999, Wagg filed a personal injury lawsuit against the estate in Okanogan County Superior Court. Wagg mailed a copy of the summons and complaint to Dunham’s parents on May 13, 1999, along with a letter advising them that his intent was to preserve the claim against the decedent’s insurance company for the May 30, [66]*661996 collision. Wagg served the summons and complaint on Benner, the personal representative, on May 18, 1999. Service was perfected when Benner acknowledged service on June 16, 1999.

In its answer to complaint, filed on June 28, 1999, the estate asserted an affirmative defense (among others) that Wagg was precluded from proceeding with his lawsuit due to his failure to properly serve a creditor’s claim. Another affirmative defense claimed the suit was barred by the statute of limitations. In apparent response, Wagg served a creditor’s claim on Benner on July 2, 1999. The claim description acknowledged that the “claim is contingent upon the outcome of. . . Wagg v. Dunham,” and that “[a]ny verdict would be recovered from insurance policy proceeds.” Clerk’s Papers at 24-25.

On September 15, 1999, the estate moved for summary judgment of dismissal of the personal injury suit. The estate argued that former RCW 11.40.080 (1994) required Wagg to file a creditor’s claim before filing his lawsuit. Because he filed the suit prior to filing a creditor’s claim, the estate claimed Wagg’s service of the suit on the estate was premature, the filing was void and ineffective and, therefore, the suit was barred by the statute of limitations.

On October 6, 1999, Benner filed a notice to creditors with the county clerk’s office as required under RCW 11.40.020. On October 18, 1999, Wagg filed a revised creditor’s claim, which amended his earlier claim to request any applicable insurance policy proceeds available.

The trial court granted the estate’s summary judgment motion against Wagg on April 10, 2000. Wagg filed a motion for reconsideration urging the trial court to reconsider his lawsuit and to limit claims therein to those available through the decedent’s insurance policy. Wagg argued that if his creditor’s claim against the estate failed, his personal injury suit should survive under the nonclaim statutes, former RCW 11.40.011 and RCW 11.42.030. The motion was denied on March 17, 2000.

[67]*67Wagg timely appealed denial of the motion to reconsider to Division Three of the Court of Appeals. On review, the Court of Appeals affirmed dismissal of Wagg’s creditor’s claim against the estate, but reversed the dismissal of Wagg’s personal injury action. Wagg v. Estate of Dunham, 107 Wn. App. 35, 37, 26 P.3d 287 (2001). The court held that the lawsuit was timely commenced within the statute of limitations, and “[s]o long as that lawsuit is limited to damages covered by Mr. Dunham’s liability insurance, Mr. Wagg’s service of a creditor’s claim after filing the lawsuit in superior court does not bar litigation of the personal injury claim.” Id. at 42.

ISSUE

Whether a personal injury action filed within the statute of limitations against a decedent’s estate, which is to be satisfied solely from a decedent’s liability or casualty insurance, is exempt from chapter 11.40 RCW creditor claims time requirements.

ANALYSIS

Standard of Review

The standard applied to review of a trial court’s order granting summary judgment is de novo. CLEAN v. City of Spokane, 133 Wn.2d 455, 462, 947 P.2d 1169 (1997). Here, the material facts are undisputed by the parties; therefore, this case is “ripe for summary judgment.” Young v. Estate of Snell, 134 Wn.2d 267, 271, 948 P.2d 1291 (1997). To determine whether summary judgment dismissal of the creditor’s claims and the personal injury action was appropriate, all evidence and reasonable inferences are viewed in the light most favorable to the nonmoving party. Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982). If there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law, summary judgment is appropriate. CR 56(c).

[68]*68Under the facts of this case, a determination of whether the moving party is entitled to judgment as a matter of law depends on our interpretation of chapter 11.40 RCW. Because this inquiry requires us to engage in statutory construction, the standard of review is de novo. Cockle v. Dep’t of Labor & Indus., 142 Wn.2d 801, 807, 16 P.3d 583 (2001).

Provisions of Controlling Statutes

Statute of Limitations

RCW 4.16.080(2) specifies that personal injury claims are subject to a three-year statute of limitations.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Johnson
247 P.3d 11 (Court of Appeals of Washington, 2011)
Johnston v. Von Houck
209 P.3d 548 (Court of Appeals of Washington, 2009)
Pierson v. Hernandez
202 P.3d 1014 (Court of Appeals of Washington, 2009)
Nelson v. Schnautz
170 P.3d 69 (Court of Appeals of Washington, 2007)
Brame v. Western State Hosp.
150 P.3d 637 (Court of Appeals of Washington, 2007)
Brame v. Western State Hospital
136 Wash. App. 740 (Court of Appeals of Washington, 2007)
Campbell v. Reed
134 Wash. App. 349 (Court of Appeals of Washington, 2006)
Tuttle v. Allstate Insurance
134 Wash. App. 120 (Court of Appeals of Washington, 2006)
Tuttle v. Allstate Ins. Co.
138 P.3d 1107 (Court of Appeals of Washington, 2006)
Fredrickson v. Bertolino's Tacoma, Inc.
127 P.3d 5 (Court of Appeals of Washington, 2006)
City of West Richland v. Doe
103 P.3d 818 (Court of Appeals of Washington, 2004)
City of West Richland v. Department of Ecology
103 P.3d 818 (Court of Appeals of Washington, 2004)
Osborn v. Mason County
122 Wash. App. 823 (Court of Appeals of Washington, 2004)
In re the Marriage of Drlik
121 Wash. App. 269 (Court of Appeals of Washington, 2004)
In Re Marriage of Drlik
87 P.3d 1192 (Court of Appeals of Washington, 2004)
First Class Cartage, Ltd. v. Fife Service and Towing, Inc.
89 P.3d 226 (Court of Appeals of Washington, 2004)
State v. Mayer
86 P.3d 217 (Court of Appeals of Washington, 2004)
In re the Marriage of Dodd
120 Wash. App. 638 (Court of Appeals of Washington, 2004)
In Re Marriage of Dodd
86 P.3d 801 (Court of Appeals of Washington, 2004)
Maguire v. Teuber
85 P.3d 939 (Court of Appeals of Washington, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
146 Wash. 2d 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagg-v-estate-of-dunham-wash-2002.