Here in Rhode Island and Southern Massachusetts, it is motorcycle season and this causes a spike in bike accidents resulting in personal injuries. Here, we review D’Antuono v. Clarendon Nat’l Ins. Co., 620 A.2d 96 (R.I. 1993), a Rhode Island Supreme Court law decision involving a motorcycle accident with personal injuries.
Plaintiff operated a motorcycle when he was struck by a motor vehicle in Rhode Island, causing him to suffer serious personal injuries. Plaintiff’s injuries were so severe that his legal damages exceeded the at fault driver’s bodily injury insurance limits. Therefore, Plaintiff filed a claim with his insurer, Clarendon, seeking uninsured-motorist coverage (also referred to in this situation as “underinsured motorist coverage”).
Uninsured-motorist coverage fills the gap when the party at fault does not have insurance or does not have enough insurance to cover the injured party’s damages. This coverage is invaluable in cases where as here, there is insufficient coverage form the at fault party.
It was undisputed that Defendant Clarendon Insurance Company had issued a motorcycle UM policy to Plaintiff that was in effect at the time of the collision. As stated by the Supreme Court:
However, in this case, Clarendon denied the claim, arguing that there was no coverage because the subject motorcycle was not listed on the “declarations” page of his insurance contract, voiding the contract’s coverage.
Id. at 96.
Thus, Plaintiff was forced to file suit against his own insurance company and did so, pointing out that the insurance policy did not limit coverage to one specific motorcycle. Clarendon’s policy stated:
We agree to pay the damage you’re legally entitled to receive from the owner or operator of an uninsured motor vehicle because of bodily injury. We’ll pay these damages for bodily injury you suffer in a motorcycle accident while occupying a motorcycle, [] as a result of having been struck by an uninsured motor vehicle.
Id. (emphasis added).
Therefore, although the specific motorcycle was not listed on his insurance contract, the trial Court read the plain terms of the agreement and entered summary judgment for Plaintiff. In a one page decision, the Supreme Court affirmed the trial court decision.
This decision highlights the importance for Rhode Island motorcycle riders to obtain the protection of uninsured motorist coverage and in sufficient limits to protect against serious personal injury. Additionally, the decision exemplifies just how far an insurer will go (to the Supreme Court) in an effort to delay, deny, and avoid paying legitimate claims for injuries suffered by their own customers. If you are in a motorcycle accident be sure to contact our top rated RI motorcycle accident lawyers to ensure that you get a complete recovery.
