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Counselors At Law


1-27-2023       Rhode Island Supreme Court rules that the policy term

                        "pollutant"  under a commercial liability policy exclusion is

                        ambiguous and therefore  thus construes policy in favor of

                        insured in oil spill claim, reversing summary judgment 

                        in favor of insurer.

                        Regan Heating v. Arbella Mutual insurance


6-24-2021      Rhode Island Supreme Court rules that failure of an insured to

                       comply with the 180 day time limitation on a homeowners'

                       replacement cost policy provision barred the insured's

                       supplemental claim under the provision and its request for


                       Machado v. Narragansett Bay Insurance Co. 



4-2-2019        Court reiterates that a municipality is not liable to person injured

                       in a public  park in the absence of any evidence that the

                       municipality willfully  or maliciously failed to warn of a

                       dangerous condition in view of  recreational use immunity

                       statute  Yattaw v. City of East Providence 


2-5-2019         Rhode Island Supreme Court reaffirms that liability insurer

                       owes no duty to act fairly and in good faith to a third party  

                       claimant as the duty runs only to its insured and thus liability

                       insurer was not liable for exposure in excess of its policy limit

                       where no written demand was made to liability insurer by third

                        party claimant to settle at or within the policy limits

                       Summit Insurance Co. v. Stricklett 


6-22-2018       Summary judgment upheld in favor of municipality

                         under recreational use statute where person injured

                         in public park could not demonstrate  that the

                         municipality willfully or maliciously failed to warn of a

                         dangerous condition causing the alleged injury

                         Cancel v. City or Providence 


4-11-2018       Where notice to municipality of an injury on a public

                        way provided insufficent location of where incident

                        occurred within requisite time limitation, summary

                        judgment properly granted in favor of municipality

                        Ahearn v. City of Providence


12-8-17         After injured party executed joint tortfeasor release which

                      released medical facility and "its agents, employees

                      representatives... and staff", later action brought against

                      medical facility's nurses was properly dismissed as nurses

                      were released by terms of joint tortfeasor release and 

                      Rhode Island joint tortfeasor statute. Hall v. Hornby


6-16-17          Rhode Island Supreme Court holds that, in view of public

                      policy to encourage the rescue of other in perilous situations,

                      motorist who exits her vehicle to provide reasonable assistance

                      assistance to victim at accident scene is

                      engaged in transaction essential to use of the

                      insured vehicle, and who is struck by impact of underinsured

                      vehicle at original accident  scene was "vehicle oriented"

                      and thus was entitled to underinsured motorist benefits.

                      Hudson v. Geico

5-24-17          In instance where party was injured when stepping onto a

                      wooden step which collapsed, summary judgment was

                      properly granted in favor of owner as no evidence was

                      introduced that the owner knew. or had reason to know, that

                      the step was defective. Cooley v. Kelley 


5-23-17          Where insured did not bring action against his homeowners'

                      insurer until almost four years after the date of loss,

                      dismissal of action was proper due to two year policy statute

                      of limitations and lack of evidence that insurer induced insured

                      not to file action earlier.  Chase v. Nationwide 


3-8-2017        Where insured did not review his insurance policies when

                      sent, summary judgment properly granted in favor of 

                      insurance agent on insurance malpractice lawsuit filed

                      beyond the applicable statute of limitations, since insured

                      could and or should have reasonably discovered the alleged

                      malpractice before the statute of limitations expired. 

                      Faber v. McVay


1-27-17         Jury verdict upheld in favor of store owner where injured person

                     slipped and fell near salad bar, in the absence of any evidence

                     that the store owner knew, or had reason to know, of the

                     existence of a foreign substance, notwithstanding the injured's

                     person's contention that it was reasonably foreseeable that

                     salad bar items had the potential to fall on the floor ,causing 

                     customers to fall. Bates-Bridgeman v. Roch's Market 




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