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Archived News

6-23-16         The danger of diving headfirst into a shallow municipal

                     pond is such an "open and obvious danger" which is

                     common knowledge and thus municipality did not have a duty

                     to warn of such a danger. Roy v. State of Rhode Island 


4-13-16          Arbitration award in excess of uninsured motorist policy

                      limits, including prejudgment interest, upheld in circumstances

                      where question posed to arbitrator was the amount that the

                      insured was entitled to recover from insurer, not tortfeasor,

                      and where insurance policy was not submitted to

                      arbitrator for consideration Lemerise v. Commerce Ins. Co. 


3-24-16           In a direct action against insurer in view of unavailability of

                       of insured, summary judgment granted in favor of insurer

                       where insurance policy was cancelled before date of injury

                       due to non-payment of premium Hoesen v. Lloyd's


2-15-16            Where town, not little league, maintained baseball field.

                        little league had no legal duty to spectator at game injured

                        due to a fall caused by divot on field.

                        Carlson v. Town of South Kingstown



                    tavern employee's intentional conduct,  tavern's

                    insurance policy which contained assault and

                    battery exclusion precluded coverage for patron's


                    Great Amer. E&S Ins v. End Zone No 10-375 Appeal 


6-27-12       Uninsured motorist coverage not afforded under

                    commercial automobile insurance policy to pedestrian

                    employee of insured corporation, as policy defined

                    "insured' under policy as "you" as "the named insured"

                    and "name insured" under policy was the insured

                    corporation,  not pedestrian employee

                    Riel v. Harleysville No.  2011-63 Appeal


6-21-12       Uninsured motorist coverage not provided by

                    automobile insurance policy issued to husband

                    and wife injured by an uninsured motorist while

                    riding on a motorcycle owned by husband but not

                    expressly indentified by the automobile insurance


                    NLC Ins. Co. v. Fontaine, No. 10-049- Appeal 


6-7-12         Passenger injured in automobile accident who

                    receives workers compensation benefits from driver

                    precluded from filing liability insurance claim against


                    LaFreniere v. Dutton, No. 11-244 -Appeal


5-7-12          Insurer which provided excess automobile

                     liability insurance coverage not obligated to

                     contribute defense costs to insurer which

                     provided primary liability insurance

                     coverage in defending insured in litigation arising

                     out of automobile accident.

                     Empire Fire Ins. v. Citizens Ins. No. 11-33 -Appeal


4-11-12         Homeowners entitled to coverage under homeowners

                     insurance policy for repairs to correct faulty workmanship

                     of contractor of new home necessary to bring home into

                     compliance with local building code in view of ambiguity

                     of insurance policy,

                     Koziol v. Peerless Insurance Co. No. 10-244 Appeal


4-10-12         Insurance policy which affords coverage for

                     "on premises losses only" precludes coverage for injuries

                     to passengers in motor vehicle accident allegedly caused

                     by intoxicated driver served alcohol at policyholder's


                     Cheaters v. United National Insurance Co. No. 08-312 Appeal


4-4-12           Municipality which paid injured-on-duty benefits to

                      firefighter is not entitled to reimbursement from

                      firefighter's uninsured motorist insurance

                      policy proceeds.

                      Casale v. City of Cranston  No. 2010-1-62-Appeal


1-12-12         Driver struck by car and injured while working as a limousine

                      driver not entitled to underinsured motorist coverage under 

                      his personal automobile insurance policy in view of

                      provision which excludes such coverage for use of a motor

                      vehicle to carry persons for a fee.

                      Henderson v. Nationwide Insurance Co. No. 2010-374 Appeal


7-12-11          The Rhode Island Supreme Court sets forth the responsibllity

                       of an insurance company to protect the interests of

                       its insured when a motor vehicle accident results

                       in multiple claims asserted against the insured,

                       claims which together exceed the policy limits.  

                       Demarco v. Travelers Insurance Co. No. 2008-334 Appeal


6-24-11           The Rhode Island Supreme Court determines that

                       defendant landowner entitled to summary judgment

                       where plaintiff's dog bite occurred in an enclosed fenced

                       area and thus dog was not "out of its enclosure" as

                       required under  Rhode Island dog bite statute

                       Dubois v. Quilitizsch  21 A.3rd 375 (R.I. 2011)


4-18-11            In interpreting provision in a professional

                        liability insurance policy, the Rhode Island

                        Supreme Court holds that language that allows settlement

                        of pending claim "as it (insurer) deems expedient" allows

                        insurer to settle clam without consent of insured.  

                        Papudusu v. Medical Malpractice 18 A. 3rd 495 (R.I. 2011)


4-15-11            Rhode Island Supreme Court determines that

                        receipt of workers' compensation settlement

                        benefits bars receipt of Rhode Island Temporary

                        Disability ("TDI") benefits

                        Duffy v. R.I. Dept. of Labor No. 2009-100 Appeal 


3-31-11            The Rhode Island Supreme Court upholds validity of

                        binding appraisal provision in Rhode Island

                        homeowners' policy.

                        Hahn v. Allstate Ins. Co.   No 2009-164-Appeal 


3-11-11            In a case handled by Mason Associates P.C.,

                        Providence County Superior Court upholds

                        decision of the Rhode Island Commission for

                        Human Rights in favor of client.

                        J.J. Gregory v. R.I. Commission for Human Rights  


1-23-11            The Rhode Island Supreme Court upholds doctrine that

                        property owners owe no duty of care to trespassers

                        but to refrain from wanton or willful misconduct and,

                        even then, only on discovering trespasser in danger.

                        Hill v. National Grid No. 2009-214- Appeal  


11-28-10           The Rhode Island Division of Workers Compensation              

                        announces that workers compensation insurance

                        verification is available on its website           

                        The Division of Workers Compensation webpage is at:

                        Division of Workers' Compensation Coverage Information