Mason Associates P.C.
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
injuries
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
policy
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
driver
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
establishment.
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