Zalma on Insurance
Education • Business
Insurance Claims professional presents articles and videos on insurance, insurance Claims and insurance law for insurance Claims adjusters, insurance professionals and insurance lawyers who wish to improve their skills and knowledge. Presented by an internationally recognized expert and author.
Interested? Want to learn more about the community?
January 16, 2023
Late Claim Costs Plaintiff

Death of Defendant Limits Recovery of Damages to Insurance Unless Timely Claim to Estate of Decedent

Barry Zalma

Read the full article at https://lnkd.in/g3cAFY4m and see the full video at https://lnkd.in/g-FVAdA7 and at https://lnkd.in/gvh3PTSc and at https://zalma.com/blog plus more than 4400 posts.

In Maryland, to facilitate the prompt settlement of decedents’ estates, a person must “present” a claim against an estate within six months after the decedent’s death or two months after the personal representative mails or delivers proper notice of the need to file a claim within two months, whichever comes first. Maryland Code § 8-103(a) of the Estates and Trusts Article (“ET”). In general, if a claimant fails to meet those statutory deadlines, the claim is “forever barred.”

In Nicholas Shanefelter v. James Edward Hood, Jr., No. 1913-2021, Court of Special Appeals of Maryland (January 4, 2023) the Court of Appeals resolved the dispute by recognizing that if the decedent had insurance coverage for the claim, the claimant need not present a timely claim against the estate, as long as the claimant files suit against the estate before the applicable statute of limitations has run. In that event, a judgment against the estate is not limited to the amount of insurance coverage, but the amount of the judgment that is recoverable from the estate is limited to the amount of the policy. In essence, the case becomes an action against the insurance policy.

In this case, the Circuit Court for Anne Arundel County employed ET § 8-104(e)(2) to limit the amount recoverable from an estate to the limits of the decedent’s automobile insurance policy.

FACTUAL BACKGROUND

On December 1, 2018, appellant Nicholas Shanefelter was involved in an automobile accident with the late James Hood, Jr. At the time of the accident, State Farm Mutual Automobile Insurance Co. insured the car that Hood was driving.

Hood died on August 4, 2019, of causes unrelated to the accident. On September 30, 2019, Hood’s wife opened an estate on his behalf with the Register of Wills for Anne Arundel County.

On February 20, 2020, Shanefelter filed suit against Hood in the Circuit Court for Anne Arundel County. On March 6, 2020, seven months after Hood’s death, Shanefelter filed a claim against Hood’s estate with the Register of Wills for Anne Arundel County. The claim was untimely.

TRIAL COURT VERDICT

After a two-day trial in October 2021, a jury returned a verdict in favor of Shanefelter and against the estate in the amount of $285,977.69. One week after the verdict, the estate filed a motion and asked the court to limit the amount of the judgment that was recoverable from the estate to the policy limits of $100,000.00. The motion did not expressly assert what the record already showed – i.e., that Shanefelter had failed to present a timely claim under ET § 8-103(a). Shanefelter opposed the estate’s motion, arguing that he had filed a claim against the estate “as soon as he was made aware that Defendant had died” and that the decedent’s insurer, State Farm, “had failed to settle the case in good faith.” Shanefelter did not argue that he had presented a timely claim.

The circuit court granted the estate’s motion in a written order that was docketed on December 3, 2021. The order states, in pertinent part, that the estate’s “liability is limited to Defendant’s liability insurance policy of $100,000.”

In a written order the judgment states, in pertinent part, that “the amount of the judgment that is recoverable from the estate is limited to the amount of the decedent’s liability insurance policy of $100,000.”

DISCUSSION

In its brief, the estate refuted Shanefelter’s assertion that he had filed a timely claim within the deadlines dictated by § 8-103(a). Citing the Register of Wills’ docket sheet for Shanefelter’s claim, which it attached as an appendix to its brief, the estate demonstrated that Shanefelter did not file his claim until March 6, 2020, more than seven months after Hood’s death on August 4, 2019.

The Court of Appeal concluded that Shanefelter’s contentions had no merit. The tacit premise of the estate’s motion to limit liability, understood by all, including the circuit court, was that Shanefelter had not presented a timely claim and thus that § 8-104(e) limited the amount recoverable from the estate. At most, he said only that he had filed the claim as soon as he knew of the decedent’s death, which is insufficient to satisfy the requirements of § 8-103(a). Therefore, the trial court did not abuse its broad discretion in denying Shanefelter’s Rule 2-535(a) revisory motion.

Because the record includes a copy of the untimely claim that Shanefelter presented more than a month after the statutory deadline had already passed, the Court of Appeal concluded that it was beyond any serious dispute that Shanefelter failed to present a timely claim.

Because of his failure to present a timely claim, Shanefelter could recover, at most, the policy limits of the decedent’s insurance policy

ZALMA OPINION

The Maryland statute is not unusual. Since the estate was established before the suit was filed the plaintiff and his lawyers should have known about the death of the defendant and complied with the requirements of the law. The case went to trial. Shanefelter recevied a favorable verdict but, because of the statute, was limited to the limits of the liability policy issued by State Farm and could not take from the estates assets.

(c) 2023 Barry Zalma & ClaimSchool, Inc.

Go to substack at substack.com/refer/barryzalma Consider subscribing to my publications at substack at substack.com/refer/barryzalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud alm(c) 2023 Barry Zalma & ClaimSchool, Inc.

Subscribe and receive videos limited to subscribers of Excellence in Claims Handling at locals.com https://zalmaoninsurance.locals.com/subscribe.

Go to substack at substack.com/refer/barryzalma Consider subscribing to my publications at substack at substack.com/refer/barryzalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at http://www.zalma.com and [email protected]

Write to Mr. Zalma at [email protected]; http://www.zalma.com; http://zalma.com/blog; daily articles are published at 
Zalma on Insurance
Insurance, insurance claims, insurance law, and insurance fraud .

By Barry Zalma

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-libraryost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at http://www.zalma.com and [email protected]

Subscribe and receive videos limited to subscribers of Excellence in Claims Handling at locals.com https://lnkd.in/gfFKUaTf.

Go to substack at https://lnkd.in/gEEnV7Dd Consider subscribing to my publications at substack at https://lnkd.in/gEEnV7Dd

Barry Zalma, Esq., CFE is available at http://www.zalma.com and [email protected].

Go to Barry Zalma videos at Rumble.com at https://lnkd.in/gV9QJYH, go to the Insurance Claims Library – https://lnkd.in/gWVSBde
Support Excellence in Claims Handling

By Barry Zalma  ·  Launched 2 years ago

A series of writings and/or videos to help understand insurance, insurance claims, and becoming an insurance claims professional and who need to provide or receive competent and Excellence in Claims Handling.

00:07:34
Interested? Want to learn more about the community?
What else you may like…
Videos
Posts
September 18, 2026
Expert May Only Testify to What Experience Supports

Insurance Expert May Not Testify to Speculative and Contains Unsupported Conclusions.

Posted on September 18, 2026 by Barry Zalma

See the full video at and at https://rumble.com/v7fmifw-expert-may-only-testify-to-what-experience-supports.html

In Michele A. Over, and The Estate Of Paul R. Over v. State Farm Mutual Automobile Insurance Company, and State Farm Fire And Casualty Company, Civil Action No. 23-cv-02243-PAB-STV, United States District Court, D. Colorado (September 14, 2026) Michele and Paul Over sued State Farm Fire and State Farm Auto over hail-damage and stolen-vehicle claims.

The operative dispute concerned State Farm Auto’s motion to exclude or limit opinions from plaintiffs’ insurance-industry expert, Aaron Castillo. Castillo.

Law

The proponent of expert testimony must establish by a preponderance of the evidence that an expert is qualified and that the opinions are helpful, sufficiently grounded, and reliably derived and applied. Experience-based opinions must explain how the...

00:03:10
September 17, 2026
Convicted on 29 Tax-Refund-Fraud Counts

150 Months in Prison for Tax Fraud
Post 4846

Posted on September 17, 2026 by Barry Zalma

See the full video at https://lnkd.in/g8rh3JBX and https://lnkd.in/gmkdy-9C, In United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.

FACTS

In United States Of America v. Thomas Addaquay, United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.
FACTS

Thomas Addaquay controlled United Consolidated Accounting and Business Services (UC), nominally a check-cashing business.

The government proved a three-stage tax-refund scheme that converted the resulting refund checks into usable funds through ...

00:05:23
September 14, 2026
Court Enforces Fifth Amendment & Refuses to Compel Answers

Major Fraud Perpetrator Asserts Fifth Amendment Privilege to Avoid Prosecution

Post 5489

Posted on September 14, 2026 by Barry Zalma

Fraudster Refuses to Answer Questions About His Alleged Fraud

See the full video at https://lnkd.in/gvicAMDr and at https://lnkd.in/gvicAMDr

In Great American Insurance Co. v. Gemstone Property Management, LLC, et al., No. 23-cv-9100 (LJL), United States District Court, S.D. New York (September 8, 2026) Great American Insurance Company alleged that it was defrauded through a scheme in which Subin Associates, LLP recruited individuals to stage construction-site injuries, arranged unnecessary medical treatment and litigation funding, and pursued fraudulent personal-injury claims.

Luis Manuel Garcia Salcedo, resulted in a $6 million settlement. Non-party Jose Hernandez allegedly worked as an assistant manager at Subin, operated Hernandez Associates, and owned litigation-funding companies that shared office space with Subin and provided services to its clients.

After Great American ...

00:05:14
November 05, 2026
Convicted of Felony Fraud You Lose the Right to Vote

Payment of Fines & Completion of Probation Reinstates Right to Vote

Post 4576

Posted on November 5, 2026 by Barry Zalma

To Restore Voting Rights The Felon Must Pay Fines of $546.00

In Florida Supreme Court Mediator Ethics Advisory Committee, ETH F-26-377, No. F-26-377 (October 29, 2026) citizen unnamed and to Ron Desantis Governor, Cord Byrd the Secretary of State Florida Division of Elections provided an advisory opinion to a convicted felon about his right to vote:

To: [redacted] We received your request for an advisory opinion. You indicate that you have one or more felony convictions and request whether you are eligible to vote, including whether you have any outstanding legal financial obligations under section 98.0751, Florida Statutes, and, if so, a statement of the amount that must be paid to make you eligible to vote, and an explanation of how the amount was calculated.

The Division hereby responds to your request pursuant to its legal authority under section 106.23(2), Florida Statutes, and Florida ...

November 04, 2026
Castro Valdez Had an Available Administrative Appeal and Failed to Establish a Ground for Excusing

Administrative Review Permits the Agency to Apply its Expertise

Post 4574

In Erwin Jordan Castro Valdez v. Warden, Otay Mesa Detention Center, No. 26-cv-06147-BAS-JLB, United States District Court, S.D. California (October 30, 2026) Castro Valdez, a Cuban national paroled into the United States, was arrested on June 23, 2026, for alleged insurance fraud, grand theft, and making a false report to law enforcement. In his first habeas action, the district court ordered a bond hearing within fourteen days to determine whether the changed circumstances justified revoking his parole.

An Immigration Judge subsequently denied bond because of his pending state criminal case. Castro Valdez filed a second petition under 28 U.S.C. § 2241, challenging that determination and requesting immediate release without first appealing to the Board of Immigration Appeals (BIA).

LAW

According to the supplied text, § 2241 does not expressly require administrative exhaustion, but courts impose exhaustion as a prudential requirement. ...

November 03, 2026
Jury Found Prudential to be the Victim of Fraud

Insured’s Ordered to Pay Insurer for Fraud by the Insureds

Post 4573

Posted on November 3, 2026 by Barry Zalma

In The Prudential Insurance Company Of America v. Carol Gardina and George Gardina, No. 6:23-cv-1125-JSS-DCI, United States District Court, M.D. Florida, Orlando Division (October 22, 2026).

THE JURY TRIAL AND VERDICT

Plaintiff sued Defendants for numerous causes of action stemming from its allegations that Defendants fraudulently collected benefits under their long-term care insurance policies. Plaintiff's case proceeded to a nine-day jury trial, after which the jury found Defendants liable for fraudulent misrepresentation, fraudulent concealment, and civil conspiracy.

The jury also found Defendant Carol Gardina liable to Plaintiff for $1,930,129 in compensatory damages and Defendant George Gardina liable to Plaintiff for $12,496 in compensatory damages and $20 in punitive damages. Thereafter, the court entered judgment in Plaintiff's favor and awarded Plaintiff $1,930,129 in compensatory damages from...

post photo preview
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals