Guam § 2523 - When Filing of Claims Not Required: Effect of Decedent's

§ 2523. When Filing of Claims Not Required: Effect of Decedent's

Liability Insurance.

(a) (1) Notwithstanding any other provision of law, the

presentation or filing of a claim shall not be required and a civil

action may be maintained by a claimant to establish, to the

limits of the insurance protection only, a liability of the dece-

dent for which the decedent was protected by liability

insurance.

(2) The claimant shall file a verified petition in the

Superior Court, alleging (a) the nature and amount of his claim,

(b) that the decedent was protected, in whole or in part, by

liability insurance with respect thereto, (c) that the interests of

the estate will not be prejudiced, and (d) that any recovery in

such action by the claimant will be limited solely to the

decedent's insurance protection. The Superior Court, upon such

hearing and notice, if any, as it may order, shall grant leave to

the claimant to file such action, unless it finds that the interests

of the estate will be prejudiced thereby. However, if it appears

that the insurer denies coverage or admits liability only

conditionally or with reservation, the Superior Court may deny

leave to the claimant to file such action.

(3) The action by the claimant shall name as the defendant

AEstate of (name of decedent), Deceased.@ Summons shall be

served upon a person designated in writing by the insurer or, if

none, upon the insurer. Further proceedings shall be had in the

name of the estate, but otherwise shall be conducted in the

same manner and have the same effect as if the action were

against the personal representative. For good cause, the

Superior Court, upon motion of an interested party or upon its

own motion, may order the appointment of a personal

representative and his substitution as the defendant.

(4) The insurer may deny or otherwise contest its liability

by cross-complaint in the action or by an independent action

against the claimant, but the judgment on the cross- complaint

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or in the independent action shall not adjudicate rights of

persons who are not parties.

(5) A judgment in favor of claimant in an action pursuant

to this subsection shall be enforceable only from the insurance

protection and shall not create a lien upon real or other property

of the estate.

(6) The remedies of this subsection are cumulative, and

may be pursued concurrently with other remedies.

(b) Notwithstanding any other provision of law, the filing and

presentation of a claim is not required as a prerequisite to commencing

an action against the decedent for damages for injury to or for the death

of a person caused by the wrongful act or neglect of the decedent or to

recover upon a judgment obtained in such action if (1) the decedent had

liability insurance applicable to the cause of action, (2) the amount of

damages sought in the action does not exceed the maximum amount of

such insurance, or recovery in excess thereof is waived, and (3) the estate

of the decedent otherwise qualifies for proceedings under the provisions

of Chapter 31 of this Title. If the amount of damages sought in the action

exceeds the maximum amount of the insurance, filing and presentation of

a claim is required only with respect to the amount sought in excess of

the maximum amount of the insurance. The defendant in the action may

be designated as AEstate of (name of decedent), Deceased.@ No action

shall be maintained under this subsection unless the insurer has been

served with a copy of the complaint.