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INDIANA FARMERS MUT. INS. CO. v. RICHIE

No. 12S05-9903-CV-180.

707 N.E.2d 992 (1999)

INDIANA FARMERS MUTUAL INSURANCE COMPANY, Intervenor/Appellant, v. Kevin RICHIE, Plaintiff/Appellee, v. Louis D. Evans, Special Administrator of the Estate of Leanne M. Smith, Deceased, Amanda J. Popejoy, Stephen Popejoy, and Chris Popejoy, Defendants.

Supreme Court of Indiana.

March 16, 1999.

Attorney(s) appearing for the Case

Michael J. Stapleton, Brenda M. Clapper, Cheryl M. Knodle, Lafayette, Indiana, Attorneys for Appellant.

Ralph E. Dowling, Indianapolis, Indiana, Attorney for Appellee.

ON PETITION TO TRANSFER

BOEHM, Justice.

We hold that a tort claim against a decedent may be pursued to the extent of any applicable liability insurance proceeds if suit is filed within the applicable tort limitations period, notwithstanding limitations of probate law on the time for opening the decedent's estate or filing claims against the estate's assets. We also conclude that under these circumstances an amended complaint substituting the defendant relates...

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