Supreme Court of Delaware
Hart v. Parker
July 9, 2020
Summary
The Court held that the Harts' personal-injury claims were not barred by the eight-month limitation in 12 Del. C. § 2102(a) because their recovery was limited to the decedent's liability-insurance coverage under § 2102(f). It also held that the Superior Court improperly denied the Harts' request to open the estate and amend their complaint solely because they had not complied with § 2102(a). The Court reversed and remanded for the Superior Court to determine whether the nonexistent estate required dismissal and, if so, whether the Harts should be permitted to open the estate, amend, and proceed.