Carpenter v. Hartford Fire Insurance

990 F. Supp. 2d 180, 2014 WL 51468, 2014 U.S. Dist. LEXIS 1362
CourtDistrict Court, D. Rhode Island
DecidedJanuary 7, 2014
DocketNo. CA 12-607 ML
StatusPublished
Cited by1 cases

This text of 990 F. Supp. 2d 180 (Carpenter v. Hartford Fire Insurance) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carpenter v. Hartford Fire Insurance, 990 F. Supp. 2d 180, 2014 WL 51468, 2014 U.S. Dist. LEXIS 1362 (D.R.I. 2014).

Opinion

MEMORANDUM AND ORDER

MARY M. LISI, District Judge.

This matter is before the Court on Plaintiffs’ Objections to the Report and Recommendation issued by Magistrate Judge Sullivan on December 10, 2013 (Docket #23). The Court has reviewed the Report and Recommendation and considered Plaintiff’s objections, as well as Defendants’ response to Plaintiffs objections.

While this Court agrees that the dispositive issue presented in this case is one of first impression, the Court finds that the Magistrate Judge’s legal conclusions are fully supported by pertinent Rhode Island statutes and case law. Where, as here, the material facts1 are not in dispute and the intent of the contracting parties is clear, the Court must refrain from reforming the agreement between Hartford and its insured.

The Court, therefore, adopts the Report and Recommendation in its entirety. Plaintiffs’ Motion for Partial Summary Judgment (Docket # 11) is DENIED. Defendant’s Motion for Summary Judgment is GRANTED. The Clerk is directed to enter judgment in favor of Defendant.

SO ORDERED.

REPORT AND RECOMMENDATION

PATRICIA A. SULLIVAN, United States Magistrate Judge.

Plaintiff Kimberly Carpenter, her husband and two children (collectively “Plaintiffs”) seek full compensation for the catastrophic injuries Mrs. Carpenter suffered [182]*182in an automobile crash caused by an underinsured motorist while she was driving a car leased and insured by her employer, Quintiles Transnational Corp. (“Quintiles”). Having settled with the underinsured tortfeasors for the full amount of available coverage, Plaintiffs now seek underinsured motorist (“UIM”) coverage from Defendant Hartford Fire Insurance Company (“Hartford”), the issuer of Quintiles’ liability insurance policy. Hartford has proffered payment of $75,000, the applicable UIM statutory minimum, which it contends is the limit of the UIM coverage that Quintiles purchased. Plaintiffs rejected this proffer based on their legal argument that, because Quintiles did not properly select minimal UIM coverage, by operation of law, Hartford is on the hook for the full UIM default limit, which must equal the bodily injury liability limit of $2 million under the Quintiles policy.

Before me for report and recommendation are the parties’ cross-motions for summary judgment.1 ECF Nos. 11,15.

Plaintiffs focus on the unambiguous requirement in the Rhode Island statute that compels the insurer to have its insured make the selection of less than the full limit of UIM coverage in writing. They ask this Court to hold that, despite the undisputed evidence of Quintiles’ intent to purchase the lowest limit permissible ($75,-000), Hartford’s failure to procure a correct selection form — instead accepting one that mistakenly selected an option (no UIM coverage) prohibited by Rhode Island law — voided the selection so the policy reverts to the default coverage limit of $2 million. They also argue that Hartford failed to give timely notice to Quintiles of its UIM options.

Hartford counters that Quintiles’ clearly expressed its intent to purchase the minimum UIM limit permissible under Rhode Island law, that Hartford properly interpreted its intent despite an error on the selection form and that there was a meeting of the minds between insurer and insured regarding the meaning of Quintiles’ written selection. Accordingly, Hartford contends, its issuance of an endorsement providing for the minimum limit of UIM coverage ($75,000) is enforceable under Rhode Island law. Hartford further argues that its allegedly belated submission of the UIM notice after the effective date of the policy is legally immaterial.

The First Circuit has recently addressed a district judge’s attempt to interpret the Rhode Island UIM coverage statute regarding the timing of the UIM claim, a topic on which there was a dearth of controlling precedent; it held that the better course for resolving such a question that implicates important state policy considerations is to certify it to the Rhode Island Supreme Court. See Am. States Ins. Co. v. LaFlam, 672 F.3d 38 (1st Cir.2012) (certified question answered, 69 A.3d 831 (R.I.2013)). While such an option is tempting for this case, with the comprehensive explication of the operative public policy considerations set out in the Supreme Court’s answer to the certified question in LaFlam, I conclude that Rhode Island decisions, supplemented by guidance from “persuasive adjudications by courts of sister states [and] learned treatises,” provides more than adequate guidance to permit this Court to make an informed prophecy of what the Rhode Island Supreme Court would do if facing the same question. Blinzler v. Marriott Int’l, [183]*183Inc., 81 F.3d 1148, 1151 (1st Cir.1996); Henry v. Sheffield, 856 F.Supp.2d 345, 350 (D.R.I.2012). Accordingly, based on the following analysis, I recommend that Plaintiffs’ Motion for Partial Summary Judgment (ECF No. 11) be denied and Hartford’s Motion for Summary Judgment be granted (ECF No. 15).

1. FACTS2

On August 22, 2007, while driving a company-leased car in connection with her work for Quintiles, Mrs. Carpenter was side-swiped by a driver negligently operating a vehicle owned by Willow Tree Landscaping, Inc. ECF No. 17 ¶ 14. Plaintiffs sued Willow Tree and the driver; the suit settled for $500,000, the maximum limits of Willow Tree’s liability policy. Id. ¶ 15. Plaintiffs then turned to Hartford for additional compensation under the UIM coverage provided by Quintiles’ liability policy. Id. ¶ 16. Hartford offered $75,000, which it maintains is the policy limit for Quin-tiles’ UIM coverage. The parties do not dispute that the Willow Tree settlement, combined with the $75,000 offered by Hartford, is less than the full amount of Plaintiffs’ damages potentially compensable under Hartford’s UIM coverage.3

Mrs. Carpenter’s employer, Quintiles, is a large multi-national biotech and pharmaceutical company that leases and owns vehicles throughout the United States. The undisputed evidence establishes that Quin-tiles enlisted Aon Risk Services of Pennsylvania (“Aon”) to serve as its insurance broker in connection with the renewal of its primary casualty and umbrella/excess casualty insurance for Quintiles’ domestic operations, including those in Rhode Island. ECF No. 16-1 at 2, 6; ECF No. 16-3 ¶¶ 4, 6. Aon and Quintiles prepared, and Aon, acting for Quintiles, submitted to Hartford, a “Primary/Excess Casualty Submission” (the “Policy Submission”) that outlined Quintiles’ needs and preferences for insurance coverage throughout the United States for the policy period from April 1, 2007, through April 1, 2008.4 ECF No. 13 ¶ 8; ECF No. 16-3 ¶¶4-5. The purpose of the Submission was to get “an insurance quote for Quintiles insurance program, including uninsured motorist bodily injury coverage;” qualified insurance carriers were asked to submit quotes by March 14, 2007. ECF No. 16-1 at 6; ECF No. 16-3 ¶ 5.

The Policy Submission indicates that Quintiles wanted $2 million of “Liability-

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Bluebook (online)
990 F. Supp. 2d 180, 2014 WL 51468, 2014 U.S. Dist. LEXIS 1362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-v-hartford-fire-insurance-rid-2014.