Altieri v. Liberty Mutual Insurance

697 A.2d 1104, 1997 R.I. LEXIS 238, 1997 WL 399246
Supreme Court of Rhode Island·Decided July 16, 1997·No. 95-321-Appeal·Published·Cited by 5 cases

Opinions

OPINION

WEISBERGER, Chief Justice.

This case comes before us on appeal by defendant Liberty Mutual Insurance Company (defendant or Liberty) from a judgment of the Superior Court in favor of the plaintiff, Frederick Altieri (plaintiff or Altieri), confirming an arbitrators’ award of uninsured-motorist benefits and granting Altieri’s motion for summary judgment.1 We sustain the defendant’s appeal, reverse the judgment of the Superior Court, and remand with directions to vacate the arbitrators’ award. The facts insofar as pertinent to this appeal are undisputed and are as follows.

On September 14, 1986, Altieri was a passenger in a car owned by the city of Warwick when it collided with a car owned and operated by George Katz (Katz). Altieri was injured in the accident. Subsequently the insurers of the Katz and the city of Warwick vehicles paid Altieri $50,000 and $80,000, re[1105] spectively, in settlement of his claims against them. These payments exhausted the limits of the Katz and the city of Warwick insurance policies. The city of Warwick then paid Altieri an additional $45,000.

Thereafter Altieri submitted a claim for uninsured-motorist benefits under his Liberty policy. When Altieri was unable to resolve his claim with Liberty, he requested arbitration under the terms of his policy. Following hearings, an arbitration panel awarded Altieri $221,400, comprising $135,-000 in damages plus $86,400 in interest. The award also stated that Liberty could take credit for any amounts paid to Altieri under the tort-feasors’ liability policies. Liberty subsequently refused payment to Altieri under the terms of the award. On May 29, 1992, Altieri filed a petition to confirm the award in the Superior Court for Providence County. On May 18, 1995, the trial justice granted Altieri’s petition to confirm the award and his motion for summary judgment. On June 5, 1995, Liberty filed the instant appeal.

On appeal Liberty contends that the trial justice erred in not rendering a declaratory judgment for Liberty on the issue of liability for prejudgment interest. Liberty argues that the trial justice should have overturned the arbitrators’ award because either (1) prejudgment interest is not recoverable on damages already paid by the tort-feasors’ liability policies or (2) Altieri was not entitled to prejudgment interest from uninsured-motorist benefits since the tort-feasors’ aggregated coverages, including the $45,000 paid by the city of Warwick, exceeded Altieri’s damages. Altieri argues on the other hand that an arbitration award may include prejudgment interest and that he is entitled to uninsured benefits in the amount of the prejudgment interest remaining after the $175,000 he has already received is subtracted from the total award of $221,400 ($46,400 plus “interest to date”).

Our review of the decision of a trial justice is deferential. On appeal we shall not disturb the findings of a trial justice sitting without a jury “ ‘unless it can be shown that such findings are clearly wrong or that the trial justice misconceived or overlooked material evidence.’ ” Prudential Property and Casualty Insurance Co. v. Flynn, 687 A.2d 440, 442 (R.I.1996). Moreover, judicial authority to vacate an arbitrators’ award is limited. Id. at 441. This court may vacate an award, however, when it can be shown that the arbitrators’ decision was made in manifest disregard of the law. Id. at 442; Westminster Construction Corp. v. PPG Industries, Inc., 119 R.I. 205, 210-11, 376 A.2d 708, 711 (1977).

It is well settled in Rhode Island that an arbitration award may include prejudgment interest. Paola v. Commercial Union Assurance Companies, 461 A.2d 935, 937 (R.I. 1983); Westminster Construction Corp., 119 R.I. at 211, 376 A.2d at 711. An arbitration award is equivalent in nature and effect to a judgment in an action at law. Paola, 461 A.2d at 937. Moreover, our prejudgment-interest statute, G.L.1956 § 9-21-10, requires that interest be added to damages in “any civil action in which a verdict is rendered or a decision made for pecuniary damages.” In Paola we held that arbitrators should award interest unless the parties agree otherwise. 461 A.2d at 937. In the instant case we do not depart from our prior cases holding that prejudgment interest may be added to arbitration awards.

We are of the opinion that the trial justice erred in confirming the award of prejudgment interest to Altieri to be paid from uninsured-motorist benefits pursuant to the Liberty policy. Under our uninsured-motorist statute in effect at the time of the accident, G.L.1956 § 27-7-2.KB), as amended by P.L. 1986 ch. 334, § 1 (Supp.1986), a tort-feasor was uninsured only if the limits of the tort-feasors’ liability coverage were less than the injured insured’s own limits of coverage. See Bernard v. Rhode Island Insurer’s Insolvency Fund, 651 A.2d 1232, 1233 (R.I.1994).2 [1106] Prejudgment interest may not be added to damages so as to trigger recovery of uninsured-motorist benefits. Balian v. Allstate Insurance Co., 610 A.2d 546, 550 (R.I.1992). In Balian the plaintiffs damages were adjudged to be $85,000 by an arbitration panel and the tort-feasor’s liability coverage limit was $100,000. Id. at 547. In that case we held that since the tort-feasor’s coverage exceeded the plaintiffs damages, the prejudgment interest awarded by the panel could not be “tacked on” to her damage award for purposes of triggering underinsured-motorist recovery pursuant to § 27-7-2.KB). Balian, 610 A.2d at 550.

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Altieri v. Liberty Mutual Insurance, 697 A.2d 1104, 1997 R.I. LEXIS 238, 1997 WL 399246 (R.I. 1997).

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