) (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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CH. 25 PRESENTATION AND PAYMENT OF CLAIMS AGAINST THE ESTATE

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.

SOURCE: Subsection (a): California Probate Code, § 721 (as amended). Subsection (b): California Probate Code, § 707(b).

COMMENT: Section 2523 brings together several provisions concerning instances in which the filing of a claim against a decedent’s estate is not required: i.e., where the decedent was covered by liability insurance. The provisions on which § 2523 are based were added to California law in 1971, and have the effect of streamlining the probate procedure in the cases to which they apply. This streamlining results from cases covered by the provisions’ being outside the probate procedure entirely; in other words, when the decedent had liability insurance coverage for the types of claims enumerated, the claimant will be able to bring an action against the insurer, rather than against the estate.