Cheaters, Inc. v. United National Insurance

41 A.3d 637, 2012 WL 1189899, 2012 R.I. LEXIS 42
CourtSupreme Court of Rhode Island
DecidedApril 10, 2012
Docket2009-312-Appeal, 2009-313-Appeal
StatusPublished
Cited by10 cases

This text of 41 A.3d 637 (Cheaters, Inc. v. United National Insurance) 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
Cheaters, Inc. v. United National Insurance, 41 A.3d 637, 2012 WL 1189899, 2012 R.I. LEXIS 42 (R.I. 2012).

Opinion

OPINION

Justice ROBINSON,

for the Court.

The plaintiff corporations, Cheaters, Inc. (Cheaters) and Cheaters Holding Corp. (the Holding Corp.), appeal 1 from the Superior Court’s grant of summary judgment in favor of the defendant, United National Insurance Co. (United National). 2

On appeal, the plaintiff corporations contend as follows: (1) that the hearing justice erred in holding that the “On-Premises Endorsement” in the insurance policy at issue applied to the “indemnification contract between Cheaters and the Holding Corp.;” 3 (2) that the hearing justice erred because her application of the On-Premises Endorsement renders the Additional Insured Endorsement an illusory contract; (3) that limiting liquor liability coverage to “on-premises losses only” violates public policy; and (4) that the policy’s liquor liability exclusion does not preclude insurance coverage with respect to Cheaters’ *639 possible liability arising pursuant to contracts of indemnification.”

Accordingly, the plaintiff corporations urge this Court to vacate the entry of summary judgment and remand the case to the Superior Court for further proceedings.

For the reasons set forth in this opinion, we affirm the Superior Court’s grant of summary judgment in favor of defendant United National.

I

Facts and Travel

A

The Underlying Actions

In two separate civil actions commenced in the Superior Court for Providence County, the Administratrix of the Estate of Sean Waters (the plaintiff in the first underlying civil action) as well as Amber Seaton, Gennes Seaton, and Linda Stevens (the plaintiffs in the second underlying civil action) alleged that, on or about August 11 or August 12 of 2001, one William Powers attended a bachelor party at 245 Allens Avenue in Providence (the principal place of business of both Cheaters and the Holding Corp.). The plaintiffs in those civil actions alleged that, during his time on the premises of the Allens Avenue property, Mr. Powers was served alcoholic beverages at a point in time when he was “visibly intoxicated.” They further alleged that Mr. Powers then left the Allens Avenue site in a commercial van or limousine, which took him to South Boston, Massachusetts. The plaintiffs further alleged that Mr. Powers thereafter operated a motor vehicle in a reckless or negligent fashion and collided with other vehicles in South Boston, resulting in the death of Sean Waters and injuries to the other named plaintiffs.

In both of the above-referenced civil actions, it is specifically alleged that both Cheaters and the Holding Corp. negligently and/or recklessly served alcoholic beverages to Mr. Powers.

M

The Pertinent Provisions of the Insurance Policy

1. The Additional Insured Endorsement

It is undisputed that, before the occurrence of the serious automobile accident in South Boston in August of 2001, United National had issued an insurance policy, by the terms of which Cheaters was the named insured and the Holding Corp. was named (by means of an “Additional Insured Endorsement”) as an additional insured. It is noteworthy that the Additional Insured Endorsement pursuant to which the Holding Corp. became an additional insured reads in pertinent part as follows: “The naming of an additional insured will not increase our limit of liability.”

2. The Insured Contract Exclusion

The United National policy issued to Cheaters contains an exclusion for contractual liability. However, the policy goes on to state that the exclusion with respect to contractual liability “does not apply to liability for damages * * * [ajssumed in a contract or agreement that is an ‘insured contract,’ * * (Emphasis added.) The United National policy defines an “insured contract” as meaning: “That part of any other contract or agreement pertaining to your business * * * under which you assume the tort liability of another party to pay for ‘bodily injury’ or ‘property damage’ to a third person or organization.” The policy then defines “[t]ort liability” as meaning “a liability that would be imposed *640 by law in the absence of any contract or agreement.”

At all relevant times, the Holding Corp. had a contractual agreement to furnish equipment and certain trade fixtures or improvements to Cheaters at the 245 Al-lens Avenue premises in Providence. As part of that contract, Cheaters assured the Holding Corp. that it would indemnify it and defend it against any and all claims related in any way to Cheaters’ activities and business performed at the premises in Providence. As we have noted, it is undisputed that the indemnification agreement between Cheaters and the Holding Corp. is part of an “insured contract” that falls within the definition of that term in the United National policy.

3. The On-Premises Endorsement

The United National policy at issue contains an On-Premises Endorsement, which explicitly limits coverage to “on-premises losses only,” and it defines the premises as “245 Allens Avenue, Providence, Rhode Island.”

4. The Liquor Liability Exclusion

Additionally, the policy’s liquor liability exclusion states that the insurance does not provide for the following:

“ ‘Bodily injury’ or ‘property damage’ for which any insured may be held liable by reason of:
“(1) Causing or contributing to the intoxication of any person;
“(2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
“(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.”

C

The Instant Action

Cheaters and the Holding Corp. have demanded that, pursuant to the insurance policy issued by United National to Cheaters, United National must defend and indemnify the Holding Corp. with respect to the two underlying civil actions that were filed in the wake of the collision in South Boston in August of 2001.

On the basis of both the On-Premises Endorsement and the liquor liability exclusion, United National has disclaimed any responsibility for the defense and/or indemnification of the Holding Corp.

In view of the insurer’s refusal to defend and/or indemnify, on December 31, 2004, the plaintiff corporations filed a complaint in the Superior Court seeking a declaratory judgment as to the rights of the parties under the terms of the United National policy. In their complaint, plaintiffs sought a specific declaration by the court that the Holding Corp. is entitled to its costs of defense and complete indemnification pursuant to what it contended is the plain language of the United National policy.

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Cite This Page — Counsel Stack

Bluebook (online)
41 A.3d 637, 2012 WL 1189899, 2012 R.I. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheaters-inc-v-united-national-insurance-ri-2012.