Aetna Life & Casualty Co. v. Carrera

577 A.2d 980, 1990 R.I. LEXIS 141, 1990 WL 93283
CourtSupreme Court of Rhode Island
DecidedJuly 10, 1990
Docket88-351-Appeal
StatusPublished
Cited by14 cases

This text of 577 A.2d 980 (Aetna Life & Casualty Co. v. Carrera) 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.

Bluebook
Aetna Life & Casualty Co. v. Carrera, 577 A.2d 980, 1990 R.I. LEXIS 141, 1990 WL 93283 (R.I. 1990).

Opinion

OPINION

WEISBERGER, Justice.

This case comes before us on the defendant’s appeal from a declaratory judgment entered in the Superior Court in favor of the plaintiff insurance company. We affirm. The facts insofar as pertinent to this appeal are as follows.

In 1985 plaintiff Aetna Life and Casualty Company (Aetna) issued an automobile policy to defendant Concetta Carrera who resides in the town of Johnston in the State of Rhode Island. The policy provided uninsured-motorist coverage to persons covered under its provisions.

The defendant is the mother of Mark Read, a deceased twenty-seven year-old man. On December 17, 1985, Read was in an automobile collision in the State of Florida. After being transferred to Rhode Island Hospital, Read died on May 9,1986, as a result of injuries from the December collision. Because that collision involved an uninsured vehicle, Carrera, the administrator of Read’s estate, made a demand to submit her claim to arbitration in accordance with the provisions of Aetna’s policy governing uninsured-motorist coverage. Carrera claimed that Read was a covered person under the Aetna policy and entitled to uninsured-motorist benefits.

On January 27, 1987, Aetna filed an action in the Superior Court, seeking a stay of the arbitration proceedings and a declaration that under the provisions of the policy, the decedent was not a resident of Carrera’s household at the time of the accident and therefore did not qualify as a covered person. A stay of arbitration was ordered on February 12, 1987. After a five-day trial a justice of the Superior Court found that Mark Read “was not a resident of the household of Concetta Carr-era on December 17, 1985 and * * * was not a covered person” entitled to uninsured-motorist benefits. The defendant filed a notice of appeal to this court.

*982 The record indicates that during the year 1985, Read lived in several places. From early January until sometime in late March or April 1985, Read moved into an apartment in Cranston, Rhode Island with his girlfriend. Although at her deposition Carrera testified that her son still lived with her in Johnston during this time and only occasionally stayed overnight at his girlfriend’s apartment, Read filed a change of address with various entities to reflect his Cranston address. Moreover, the landlord for the Cranston apartment testified that he rented the unit to both Read and his girlfriend. Read ceased living with his girlfriend in late March or early April 1985, and it is unclear where Read lived directly thereafter.

Carrera filed a larceny complaint against her son on June 14, 1985. At the time Carrera indicated to the Johnston police that she did not know where Read lived, although at trial she maintained that this was a lie designed to protect her son from arrest. At trial she claimed that Read was actually living with her when she filed the complaint against him.

The record establishes that before and during 1985, Read had problems with the law, including one or more convictions. He was on probation and making restitution payments to the Superior Court registry. The testimony of Read’s girlfriend suggested that he occasionally lived on the streets due to his drug abuse problem. Read suffered from drug addiction and had previously spent a significant amount of time in a drug rehabilitation center during 1982 and 1983, which facility he left without the consent of the staff. On July 5,1985, Read again entered a drug rehabilitation center where he stayed until July 12, 1985, again leaving without staff consent.

Although the testimony at her deposition was to the contrary, at trial Carrera stated that Read did not return to her home after he left the drug rehabilitation center in July of 1985. Less than one week after he left the rehabilitation center, Read’s probation officer sought and obtained a warrant for his arrest because the officer had been unable to locate Read.

In August the Superior Court registry contacted Carrera in an attempt to locate Read. There had been a lapse in the restitution payments Read had been making, and on August 14, 1985, a second warrant issued for Read’s arrest relating to this default. At the time of inquiry Carrera denied knowing Read’s whereabouts, although at trial she again claimed that this was another lie told to protect her son. According to Carrera, Read knew of the outstanding arrest warrants and had fled the State of Rhode Island. He spent a short time in Las Vegas, Nevada, and then traveled to Florida to live with Carrera’s sister.

Carrera maintained that Read was only visiting relatives in Florida and not living there. While staying at his aunt’s house, however, Read secured employment in Florida, listing the city of Destín as his address on the employment application and indicating that he was available full time. Sometime during his five-month residence in Florida, Read’s estranged wife moved from Rhode Island and lived with him in an unsuccessful attempt to reconcile. While living in Florida, Read allowed his Rhode Island vehicle registration to lapse and his Rhode Island driver’s license to be suspended. It was during December of 1985 that Read was involved in the automobile collision that resulted in his death.

The uninsured-motorist provisions of the Aetna policy define “covered persons” as meaning “you [the insured] or any family member.” The term “family member” is defined in the policy as meaning “a person related to you by blood, marriage or adoption who is a resident of your household * * *.” (Emphasis added.) Whether Read was a resident in Carrera’s household at the time of the accident is the sole issue in this controversy. In her appeal defendant raises two main arguments relating to her general claim that Aetna failed to meet its burden of proof that Read was not a resident of Carrera’s household at the time of the accident. We shall address each issue separately below.

*983 I

DID THE TRIAL JUSTICE MISCONSTRUE THE POLICY LANGUAGE?

The defendant Carrera contends that the trial justice below erred as a matter of law when he found the policy phrase “is a resident of your [the insured’s] household” to be unambiguous in its meaning. The defendant further alleges that because the trial justice’s interpretation was clearly wrong, he misconceived or overlooked material evidence. See Rego Displays, Inc. v. Fournier, 119 R.I. 469, 475, 379 A.2d 1098, 1102 (1977). We would agree with defendant that the trial justice’s interpretation of the policy was misplaced in this instance. This court is nevertheless compelled to the conclusion that Read was not a resident of Carrera’s household for the reasons set forth below.

In his decision the trial justice construed the phrase “is a resident of your household” as used in the context of Aetna’s policy as follows:

“This language, in the court’s mind, negates any possibility of a covered person having two residences and clearly indicates an intention on the part of the insurance company to limit the coverage to certain people who are living in the [insured’s] home at the time of the accident.”

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Bluebook (online)
577 A.2d 980, 1990 R.I. LEXIS 141, 1990 WL 93283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aetna-life-casualty-co-v-carrera-ri-1990.