Recent Rhode Island Supreme Court Decision Voids Provisions that Deprived Policyholder of Uninsured and Underinsured Coverage
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The Court stated that the purpose of Rhode Island’s underinsured coverage law, “remains indemnification for an insured’s loss rather than defeat of his or her claim.” The two issues in this case were one of first impression. The first issue addressed when a UM/UIM claim accrues and the second issue addressed whether an insurance agreement can shorten the length that a cause of action must be filed. In LaFlam’s case, the Court held that an uninsured claim accrues when the insurance policy is breached and not when the motor vehicle accident occurs, as ASIC argued. The Court reasoned that having the underinsured claim accrue on the date of the car crash, “may have the unique effect… of barring recovery before the insured knows or has reason to know that she has a UM/UIM claim against her insurer.” This reasoning acknowledges that reality that legal proceedings following an auto accident can take years, which in turn prevents the injured party from knowing whether his or her injuries will be completely covered by the other party’s insurance policy. The Court declined to address the second issue, whether an insurance contract can shorten the length that a lawsuit must be filed, leaving this possibility open in future insurance contracts (ii).
Attorney Paul d’Oliveira stated, “The Court’s decision is a huge victory for
(i) RI General Laws, Title 27, Chapter 7, Section 2.1.
webserver.rilin.state.ri.us/Statutes/TITLE27/27-7/27-7-2.1.HTM
(ii)
courts.ri.gov/Courts/SupremeCourt/Opinions/12-80.pdf
Read the full story at http://www.prweb.com/releases/2013/7/prweb10929840.htm
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