Pawtucket Mutual Insurance v. Martin

Supreme Court of Rhode Island

Pawtucket Mutual Insurance v. Martin

650 A.2d 125, 1994 R.I. LEXIS 266

CourtSupreme Court of Rhode Island

DecidedNovember 23, 1994

DocketNo. 93-578-Appeal

StatusPublished

This text of 650 A.2d 125 (Pawtucket Mutual Insurance 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

Pawtucket Mutual Insurance v. Martin, 650 A.2d 125, 1994 R.I. LEXIS 266 (R.I. 1994).

Pincite

Opinion

OPINION

PER CURIAM.

This case came before the court for oral argument November 2, 1994, pursuant to an order that had directed both parties to appear in order to show cause why the issues raised by this appeal should not be summarily decided.

After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown. The issues raised will be decided summarily.

The defendant, James V. Martin, appealed from a judgment entered in the Superior Court that held that he was not entitled to seek arbitration against Pawtucket Mutual Insurance Company (Pawtucket), in light of the fact that Pawtucket had offered the policy limit of $300,000 before the arbitration hearing had begun.

Under our decision in Allstate Insurance Co. v. Pogorilich, 605 A.2d 1318 (R.I.1992), the policy limits of an uninsured-motorist policy may not be expanded to include prejudgment interest even though the injured party may be entitled to recover such prejudgment interest from the tortfeasor. Thus, defendant was not entitled to receive any more from Pawtucket than the amount of the policy limit, which had already been offered to him. Even if he had gone to arbitration, the policy limit would apply to preclude the award of prejudgment interest as against the insurance company.

Consequently the defendant’s appeal is denied and dismissed. The judgment entered in the Superior Court is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

PER CURIAM.

This case came before the court for oral argument November 2, 1994, pursuant to an order that had directed both parties to appear in order to show cause why the issues raised by this appeal should not be summarily decided.

After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown. The issues raised will be decided summarily.

The defendant, James V. Martin, appealed from a judgment entered in the Superior Court that held that he was not entitled to seek arbitration against Pawtucket Mutual Insurance Company (Pawtucket), in light of the fact that Pawtucket had offered the policy limit of $300,000 before the arbitration hearing had begun.

Under our decision in Allstate Insurance Co. v. Pogorilich, 605 A.2d 1318 (R.I.1992), the policy limits of an uninsured-motorist policy may not be expanded to include prejudgment interest even though the injured party may be entitled to recover such prejudgment interest from the tortfeasor. Thus, defendant was not entitled to receive any more from Pawtucket than the amount of the policy limit, which had already been offered to him. Even if he had gone to arbitration, the policy limit would apply to preclude the award of prejudgment interest as against the insurance company.

Consequently the defendant’s appeal is denied and dismissed. The judgment entered in the Superior Court is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

650 A.2d 125, 1994 R.I. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pawtucket-mutual-insurance-v-martin-ri-1994.

Opinion

Related

Cite This Page — Counsel Stack