Employers Mutual Casualty Co. v. Martin

671 A.2d 798, 1996 R.I. LEXIS 65, 1996 WL 97541
CourtSupreme Court of Rhode Island
DecidedMarch 6, 1996
Docket94-508-Appeal
StatusPublished
Cited by12 cases

This text of 671 A.2d 798 (Employers Mutual Casualty Co. v. Martin) 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
Employers Mutual Casualty Co. v. Martin, 671 A.2d 798, 1996 R.I. LEXIS 65, 1996 WL 97541 (R.I. 1996).

Opinion

OPINION

LEDERBERG, Justice.

This case came before the Supreme Court on a question of law certified to us by the Superior Court pursuant to G.L.1956 (1985 Reenactment) § 9-24 — 25 and Rule 72 of the Superior Court Rules of Civil Procedure. At issue is whether the plaintiff, Employers Mutual Casualty Company (Employers), is liable to the defendants, Paul G. and Doreen A. Martin (Martins), for damages resulting from an automobile accident. The question certified to this Court is as follows:

“Whether the defendants, Paul G. Martin and Doreen A. Martin, are entitled to receive uninsured motorist benefits from the plaintiff, Employers Mutual Casualty Company, under the circumstances set forth in the Agreed Statement of Facts previously filed with the Superior Court by the parties to this law action.”

It is the conclusion of this Court that the Martins are entitled to receive uninsured-motorist benefits under an Employers automobile insurance policy. Therefore, we answer the certified question in the affirmative.

Facts and Procedural History

On or about April 6, 1989, the Martins submitted an application to Employers, through the Chester Insurance Agency (Chester), for a personal automobile insurance policy. Employers issued a policy, effective April 24, 1989, that provided automobile insurance coverage to the Martins for their two automobiles, a 1987 Audi 5000 S and a 1988 Honda Accord LX (Honda), and that included bodily-injury coverage in the amount of $300,000 per accident, involving an uninsured/underinsured-motorist.

In May 1989, Employers received a motor vehicle report of the Martins’ driving records, and on the basis of the information contained therein, informed Chester on May 12, 1989, that it intended to cancel the Martins’ insurance policy and requested that Chester return for cancellation the policy previously issued to the Martins. Chester in turn informed the Martins that the Employers insurance policy would be canceled and that the Martins’ coverage would be placed with another insurance carrier.

On or about May 24, 1989, the Martins applied for automobile insurance from the Rhode Island Auto Insurance Plan through the Atwood Insurance Agency, Ltd. The Metropolitan Property and Liability Insurance Company (Metropolitan) issued to the Martins a personal automobile policy, effective May 25, 1989, covering the same two automobiles as the Employers .policy and providing uninsured/underinsured-motorist *800 bodily-injuiy coverage in the amount of $100,000 per person -with a limit of $300,000 per accident.

On or about June 7, 1989, Employers notified the Martins by certified mail that the Employers policy would be canceled as of July 10, 1989, at 12:01 a.m. On or about June 14, 1989, pursuant to the terms of the cancellation notice, Chester sent the Martins a bill representing the earned premium for the Employers policy from the date of issuance, April 24, 1989, through the stated expiration date, July 10,1989.

On July 9, 1989, Paul G. Martin (Martin) was operating the Honda when that vehicle was involved in a collision with an uninsured motor vehicle, owned and operated by Andrew S. Znosko. Martin suffered serious bodily injuries as a result of the accident, and the Martins’ five-year-old son, Paul G. Martin, Jr., who was riding as a passenger in his father’s car when the collision occurred, sustained bodily injuries that resulted in his death.

As a consequence of the tragic accident of July 9, 1989, the Martins filed claims against Metropolitan for uninsured-motorist benefits, and Metropolitan paid $100,000 in respect to the death of Paul G. Martin, Jr., and $100,000 in respect to the injuries of his father. The Martins also filed a claim against Employers for uninsured-motorist benefits for the wrongful death and the loss of society and companionship of their minor son, and Martin filed a claim for uninsured-motorist benefits for the bodily injuries suffered by him in the accident.

On October 15, 1989, the Martins filed a demand for arbitration under the uninsured-motorist provisions of the Employers policy, asserting that said policy provided coverage for the damages resulting from the July 9, 1989 accident. Employers denied the Martins’ demand for arbitration, asserting that as a result of the factual circumstances of the case, the Employers policy was not in effect at the time of the accident.

On December 14,1989, Employers instituted the instant action in the Superior Court, seeking declaratory relief in regard to whether the Employers policy was in effect at the time of the July 9,1989 accident.

Following completion of discovery and discussions between counsel, an agreed statement of facts was filed with the Superior Court on August 5, 1994. On August 19, 1994, Employers’ motion for an order certifying the matter to this Court was granted, and the certified question was filed with this Court on August 31,1994.

Analysis

Employers argued that its policy did not provide coverage for the Martins’ claims for uninsured-motorist benefits for damages resulting from the July 9, 1989 accident because that policy terminated automatically on May 25, 1989, when the Martins secured “similar insurance” from Metropolitan. In support of its position, Employers cited Capuano v. Kemper Insurance Companies, 433 A.2d 949, 956 (R.I.1981), in which this Court recognized that “the substitution of a second policy of insurance can work a cancellation of an original policy.” This Court went on to hold, however, that such a substitution did not occur in Capuano because “in order for cancellation by substitution of policies to be effective, it must be based upon the mutual assent of both the insurer and the insured,” which was not the case in Capuano. Id. The Court further held that the policies had to be sufficiently similar in order that one policy could reasonably be considered a substitute for the other. Id.

In the case before us, Employers correctly asserted that its policy specifically provided that “any similar insurance” provided by its policy would terminate if the insured obtained other insurance on the covered automobile. The pertinent part of that policy’s automatic-termination provision reads as follows:

“If you obtain other insurance on ‘your covered auto,’ any similar insurance provided by this policy will terminate as to that auto on the effective date of the other insurance.”

Employers further contended that its policy and that of Metropolitan constituted the type of “similar insurance” referred to in the automatic-termination provision. We disagree.

*801 In Capuano, Kemper Insurance Companies (Kemper) had issued, through the Laren Agency (Laren), an automobile insurance policy, effective June 8,1974, -with Lumbermen’s Mutual Casualty Company, to one Vincent DiSandro (DiSandro). The policy covered a 1969 Oldsmobile and provided for $100,000 in bodily-injury coverage. On October 22,1974, an endorsement was issued adding the insured’s grandson, Kevin Synon (Synon), to the policy as an additional driver.

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Bluebook (online)
671 A.2d 798, 1996 R.I. LEXIS 65, 1996 WL 97541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/employers-mutual-casualty-co-v-martin-ri-1996.