Mason Associates P.C.
News
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
appraisal..
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
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
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.
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.
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