Summary
The Supreme Court of Rhode Island held that when an insured is added to an existing automobile insurance policy, the insurer is required to provide notice of the availability of uninsured motorist coverage under Rhode Island General Laws § 27-7-2.1(d), but is not required to obtain a new written rejection of that coverage under subsection (a). Because the addition of Leno Ferreira to the policy was not a new issuance or delivery of the policy, the court affirmed summary judgment for Integon National Insurance Co. and declined to reform the policy to include uninsured motorist coverage.
Holdings
- The Supreme Court would not review the denial of Ferreira's motion for partial summary judgment because review of such a denial is available only by certiorari and Ferreira did not file a petition for certiorari.
- When an additional named insured is added to an existing policy that does not provide uninsured-motorist coverage, the transaction is governed by § 27-7-2.1(d), which requires notice of the availability of coverage but does not require the insurer to obtain a new written rejection under § 27-7-2.1(a).
- Summary judgment for Integon was proper because Integon fulfilled its statutory duty by notifying the insureds of the availability of uninsured-motorist coverage, and no new written rejection was required when Ferreira was added to the existing policy.
Questions Presented
- Whether adding Ferreira as a named insured to an existing policy constituted a transaction governed by Rhode Island General Laws § 27-7-2.1(d), requiring notice of the availability of uninsured-motorist coverage, or instead required Integon to obtain a new written rejection under § 27-7-2.1(a).
- Whether the Superior Court properly granted summary judgment to Integon on Ferreira's claim to reform the policy to include uninsured-motorist coverage.
- Whether the Supreme Court could review the denial of Ferreira's motion for partial summary judgment without a petition for certiorari.
Disposition
affirmed
Cases Cited (9)
- Boucher v. McGovern, 639 A.2d 1369, 1373 (R.I. 1994)(followed)
- Roe v. Gelineau, 794 A.2d 476, 481 (R.I. 2002)(followed)
- R & R Associates v. City of Providence Water Supply Board, 765 A.2d 432, 436 (R.I. 2001)(followed)
- Cardarelli v. DET Board of Review, 674 A.2d 398, 400 (R.I. 1996)(followed)
- Cummings v. Shorey, 761 A.2d 680, 684 (R.I. 2000)(followed)
- In re Denisewich, 643 A.2d 1194, 1197 (R.I. 1994)(followed)
- Accent Store Design, Inc. v. Marathon House, Inc., 674 A.2d 1223, 1226 (R.I. 1996)(followed)
- State v. Fritz, 801 A.2d 679, 682 (R.I. 2002)(followed)
- Malo v. Aetna Casualty and Surety Co., 459 A.2d 954, 956-57 (R.I. 1983)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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