Martin v. Lumbermen's Mutual Casualty Co.

559 A.2d 1028, 1989 R.I. LEXIS 115, 1989 WL 62326
Supreme Court of Rhode Island·Decided April 17, 1989·No. 87-490-Appeal·Published·Cited by 34 cases

Opinion

OPINION

KELLEHER, Justice.

This appeal concerns a petition for declaratory judgment filed by Mary Martin (Mary) to determine the liability of Lumbermen’s Mutual Casualty Company (Lumbermen’s) to the estate of Bruce Martin (Bruce). The parties submitted an agreed statement of facts, the pertinent portions of which follow.

On March 28, 1985, Bruce received fatal injuries when a vehicle in which he was a passenger struck a tree in Warren, Rhode Island. The driver of the automobile as well as its owner were uninsured Rhode Island residents. Bruce had been a resident of Swansea, Massachusetts, where he had lived with his mother, Mary, and his sister Darlene. On the relevant date both Mary and Darlene had effective automobile insurance policies written by Lumbermen’s. Each policy provided uninsured-motorist coverage with limits of $10,000 per person and $20,000 per accident. Pursuant to this coverage, Lumbermen’s agreed to compensate the insured or any member of his or her household for physical injuries or death legally caused by an uninsured or hit-and-run motorist.

Lumbermen’s conceded liability under both policies and offered Bruce’s estate $20,000, the sum of the $10,000 policy limits of Mary’s and Darlene’s individual uninsured-motorist coverage. However, Mary, as administratrix of Bruce’s estate, declined the offer. Instead, she filed a declaratory-judgment petition in Superior Court to litigate whether General Notice G-642 (G-642) of the Massachusetts Automobile Rating and Accident Prevention Bureau was made applicable by Rhode Island law. This notice, which was issued on June 27, 1973, and made part of all Massachusetts automobile-insurance policies, provides substantially that

“[i]f, under the provisions of the motor vehicle financial responsibility law or the motor vehicle compulsory insurance law or any similar law of any state or province, a nonresident is required to maintain insurance with respect to the operation or use of a motor vehicle in such state or province and such insurance requirements are greater than the insurance provided by the policy, the limits of the company’s liability and the kinds of coverage afforded by the policy shall be as set forth in such law, in lieu of the insurance otherwise provided by the policy, but only to the extent required by such law and only with respect to the operation or use of a motor vehicle in such state or province.”

The trial justice decided that G-642 was triggered by Rhode Island law, thereby automatically raising Mary’s and Darlene’s uninsured-motorist policy limit from $10,-000 to $25,000 each. Apparently the rationale for this decision was G.L.1956 (1979 Reenactment) § 27-7-2.1, as amended by P.L.1981, ch. 251, § 2, which required that all automobile-liability insurance policies delivered or issued for delivery in Rhode Island, with respect to vehicles registered as principally garaged in the state, offer the insured uninsured-motorist coverage with limits no less than that set forth in G.L.1956 (1982 Reenactment) § 31-31-7. We find this decision to be erroneous.

The trial justice placed great reliance on the holding of Amick v. Liberty Mutual Insurance Co., 455 A.2d 793 (R.I.1983). Amick involved a Rhode Island resident injured in an automobile collision negligently caused by an insured Massachusetts resident. Liberty Mutual offered Amick the tortfeasor’s policy limit of $10,000, but he insisted that an extraterritorial clause in *1030 the policy, similar to G-642, raised the limit to $25,000. Amick argued that the provisions of Rhode Island’s Motor Vehicle Safety Responsibility Act 1 triggered the extraterritorial clause, causing the policy-limit increase. We agreed with Amick, sustained his appeal, and ordered that judgment be entered in his favor in the amount of $25,000. Id. at 796.

This decision was reached after considering the interrelationship of many of the provisions of the Motor Vehicle Safety Responsibility Act. Section 31-31-4 “requires any driver or vehicle owner to post security upon the occurrence of an accident if there is bodily injury or property damage” in excess of $200. Amick, 455 A.2d at 795. One exception to this security-posting requirement is contained in § 31-31-6(1), which provides that an individual is exempt from the security-posting provisions if at the time of the collision he or she had in effect an automobile-liability policy with respect to the vehicle involved in the collision. However, this exception is qualified by § 31-31-7, which provides that an insurance policy will only have exemptive qualities if it contains liability limits of at least $25,000 per person and $50,000 per episode. Finally, § 31-31-9 allows the registry to suspend the driving privileges of any individual failing to post the security required by § 31-31-5(a).

After reviewing these statutes, we concluded that although “it is true that Rhode Island does not require compulsory liability insurance as a condition precedent to the operation of motor vehicles on public highways,” these statutes “include a mandatory minimum amount of liability insurance for those who undertake to insure their automobile.” Amick, 455 A.2d at 795. An important consideration in reaching this conclusion was that if the extraterritorial clause in the tortfeasor’s policy was not triggered, he would be forced to post security in accordance with § 31-31-5(a) or risk having his Rhode Island driving privileges suspended. Since we concluded that liability insurance with certain minimum limits is required in Rhode Island, the extraterritorial language of the tortfeasor’s policy was applicable.

However, Amick is easily distinguishable from the current controversy and affords no support for the trial justice’s decision. General Notice G-642 only becomes operative when nonresidents of a state are required by that state’s compulsory-insurance, financial-responsibility, or other similar law to maintain insurance of certain limits as a condition of operating a vehicle within that state. In Amick we interpreted various provisions of the Motor Vehicle Safety Responsibility Act to require liability insurance, with certain minimum limits, for those resident and nonresident motorists who have the wherewithal to purchase such insurance. However, we see nothing in the Motor Vehicle Safety Responsibility Act which would lead us to conclude that nonresident motorists are required to maintain uninsured-motorist protection as a condition to their driving on Rhode Island’s highways.

First, § 27-7-2.1, upon which Mary relies to trigger G-642, has been amended on several occasions since Bruce’s death. On March 28, 1985, § 27-7-2.1 merely provided that no automobile liability insurance policy “shall be delivered or issued for delivery with respect to any motor vehicle registered or principally garaged in this state” unless uninsured-motorist coverage is provided therein in limits as set forth in § 31-31-7. However, the statute was clear that the insured possessed the ability to reject this offered coverage in whole or in part. 2 It is apparent that at the time the *1031

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Martin v. Lumbermen's Mutual Casualty Co., 559 A.2d 1028, 1989 R.I. LEXIS 115, 1989 WL 62326 (R.I. 1989).

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