Aetna Casualty Surety Company v. Joyce

Supreme Court of Rhode Island

Aetna Casualty Surety Company v. Joyce

602 A.2d 945, 1992 R.I. LEXIS 237

CourtSupreme Court of Rhode Island

DecidedMarch 19, 1992

DocketNo. 91-402-Appeal

StatusPublished

This text of 602 A.2d 945 (Aetna Casualty Surety Company v. Joyce) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aetna Casualty Surety Company v. Joyce, 602 A.2d 945, 1992 R.I. LEXIS 237 (R.I. 1992).

Pincite

Opinion

ORDER

This case came before a hearing panel of this court for oral argument March 17, 1992 pursuant to an order which had directed appellant (Michael Joyce) to appear and show cause why his appeal should not be denied and dismissed.

After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown. The trial justice was correct in granting summary judgment in favor of Aetna Casualty & Surety Company since the tortfeasor was not underin-sured. Her policy limits were the same as the appellant’s policy limits ($100,000 in each case). The holding in Pennsylvania General Ins. Co. v. Morris, 599 A.2d 1042 (R.I.1991) is controlling.

Consequently, appellant’s appeal is denied and dismissed. The summary judgment entered in the Superior Court is affirmed.

FAY, C.J., and MURRAY, J., did not participate.

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