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Duncan v. Progressive Preferred Insurance Company

Claim Against Deceased Insured

We help victims of insurance claims obtain their rightful compensation. Our attorneys are highly trained in this area of the law. We work hard on your case so you don't have to. Below is an example of one case we took to the Arizona Supreme Court.

Claim Against Deceased Insured

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Court Of Appeals opinion of
Duncan v. Progressive

Melissa Duncan was involved in an automobile accident allegedly caused by George Pop, and claimed expenses greater than the limits of the insurance policy. Progressive Preferred Insurance Company refused the claim, and Duncan filed an action in superior court against Pop. Pop later died before the claim could be settled.

Background

On December 13, 2007, Duncan was involved in an automobile accident allegedly caused by George Pop. Duncan claims to have sustained personal injuries and over $6,000 in medical expenses. At the time of the accident, Pop was insured under an automobile liability policy issued by Progressive Preferred Insurance Company ("Progressive"). The applicable liability coverage limit is $15,000 per person for bodily injuries.

On December 15, 2008, Duncan's attorney sent a letter to Progressive, demanding that it pay Duncan $20,000 as compensation for the injuries and medical expenses Duncan incurred as a result of the December 2007 accident. Duncan was not then aware that the applicable policy limit was $15,000. Progressive refused Duncan's demand, and on March 26, 2009, Duncan filed this action in superior court against Pop. Pop died on April 16, 2009, before Duncan had accomplished service of process on him. The trial court at Duncan's request extended the deadline for service of process until September 2009.

In July 2009, Duncan initiated the above mentioned probate proceeding, requesting informal appointment of a special administrator for Pop's estate in accordance with Arizona Revised Statutes ("A.R.S.") sections 14-3301(A)(7) (2005) and 14-3614(1) (2005). The application sought appointment of the special administrator for the limited purpose of accepting service of process on behalf of the estate and tendering the defense of the lawsuit to Progressive. The application stated that "[u]pon information and belief, Decedent died with no surviving family" and "no one has ever been appointed as a personal representative of Decedent's Estate." It also stated that "it is not anticipated that any recovery in the civil action will exceed the amount of insurance coverage."

Read the entire document here: Duncan v. Progressive - Court Of Appeals Opinion

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