Mallane v. Holyoke Mut. Ins. Co. in Salem, 658 A.2d 18 (R.I. 1995). · Go Syfert
Mallane v. Holyoke Mut. Ins. Co. in Salem, 658 A.2d 18 (R.I. 1995). Cases Citing This Book View Copy Cite
162 citation events (118 in the last 25 years) across 8 distinct courts.
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discussed Cited as authority (rule) United States v. RI Medical Imaging
D.R.I. · 2024 · confidence medium
“In determining whether or not a particular contract is ambiguous, the court should read the contract ‘in its entirety, giving words their plain, ordinary, and usual meaning.’” , 973 A.2d at 558 (quoting , 658 A.2d 18, 20 (R.I.1995)). “[W]hile carrying out this task, the court should ‘refrain from engaging in mental gymnastics or from stretching the imagination to read ambiguity * * * where none is present.’” , 973 A.2d at 559 (quoting , 658 A.2d at 20 ); , 986 A.2d 989, 993 (R.I. 2010) (recognizing that to a skilled advocate, “ambiguity lurks in every word, sentence, and par…
cited Cited as authority (rule) Roberge v. Travelers Property Casualty Company of America
D.R.I. · 2023 · confidence medium
Co., 658 A.2d 18, 20 (R.I. 1995)).
cited Cited as authority (rule) Mullowney v. USAA Casualty Insurance Company
D.R.I. · 2023 · confidence medium
Co., 658 A.2d 18, 20 (R.I. 1995).
discussed Cited as authority (rule) Atmed Treatment Center, Inc. v. The Travelers Indemnity Company
unknown court · 2022 · confidence medium
“The test to be applied is not what the insurer intended * * *, but what the ordinary reader and purchaser would have understood [the language] to mean.” Allstate Insurance Company v. Ahlquist, 59 A.3d 95, 98 (R.I. 2013) (quoting Pressman v. Aetna Casualty and Surety Co., 574 A.2d 757, 760 (R.I. 1990)). “[W]e shall not depart from the literal language of the policy absent a finding that the policy is ambiguous.” Mallane v. Holyoke Mutual Insurance Company in Salem, 658 A.2d 18, 20 (R.I. 1995).
discussed Cited as authority (rule) EDC Investment, LLC f/k/a EDC Pizza, LLC v. UTGR, Inc.
R.I. · 2022 · confidence medium
We “refrain from engaging in mental gymnastics or from stretching the imagination to read ambiguity * * * where none is present.” Young v. Warwick Rollermagic Skating Center, Inc., 973 A.2d 553, 559 (R.I. 2009) (quoting Mallane v. Holyoke Mutual Insurance Company in Salem, 658 A.2d 18, 20 (R.I. 1995)).
cited Cited as authority (rule) UNest Holdings, Inc. v. Ascensus, LLC
D.R.I. · 2022 · confidence medium
A court charged with a contract’s interpretation “should read the contract ‘in its entirety, giving words their plain, ordinary, and usual meaning.’” at 558 (quoting , 658 A.2d 18, 20 (R.I. 1995)).
cited Cited as authority (rule) ProAssurance Specialty Insurance Company, Inc. v. McCullough
D.R.I. · 2019 · confidence medium
Co., 658 A.2d 18, 20 (R.I. 1995).
discussed Cited as authority (rule) Charles S. Faber v. Francine A. McVay
R.I. · 2017 · confidence medium
In fact, we have recognized that “the detailed provisions of insurance contracts are seldom read by the consumer”; therefore, “[t]he contents of the declarations sheet is of paramount importance.” Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I. 1995) (quoting Sentry Insurance Co. v. Grenga, 556 A.2d 998, 1000 (R.I. 1989)).
discussed Cited as authority (rule) Ajax Construction Company, Inc. v. Liberty Mutual Insurance Company
unknown court · 2017 · confidence medium
To determine whether a policy’s terms are ambiguous, “we give words their plain, ordinary, and usual meaning.” Medical Malpractice, 115 A.3d at 1002 (quoting Derderian, 44 A.3d at 128 ). “[W]e read the policy in its entirety, giving words their plain meaning; importantly, we refrain from ‘engaging in mental gymnastics or from stretching the imagination to read ambiguity into a policy where none is present.’” Peerless Insurance Co. v. Luppe, 118 A.3d 500, 506 (R.I. 2015) (quoting Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I. 1995)).
cited Cited as authority (rule) Pfeiffer v. American Alternative Insurance Corp.
D.R.I. · 2015 · confidence medium
Co. in Salem, 658 A.2d 18, 20 (R.I.1995).
discussed Cited as authority (rule) Peerless Insurance Company v. Denise Luppe Peerless Insurance Company v. Christopher Henderson
R.I. · 2015 · confidence medium
In doing so, we read the policy in its entirety, giving words their plain meaning; importantly, we refrain from “engaging in mental gymnastics or from stretching the imagination to read ambiguity into a policy where none is present.” Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995) (citing Aetna Casualty & Surety Co. v. Sullivan, 633 A.2d 684, 686 (R.I. 1993)).
cited Cited as authority (rule) Beacon Mutual Insurance v. St. Paul Mercury Insurance
D.R.I. · 2014 · confidence medium
Co., 658 A.2d 18, 20 (R.I.1995)).
discussed Cited as authority (rule) Tracie Peloquin, as Administratrix of the Estate of Pearl E. Archambault v. Haven Health Center of Greenville, LLC
R.I. · 2013 · confidence medium
“It is well established that this [C]ourt applies the rules for construction of contracts when interpreting an insurance policy * * *.” Lynch v. Spirit Ren-A-Car, Inc., 965 A.2d 417, 425 (R.I.2009) (quoting Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995)).
cited Cited as authority (rule) Wells Fargo Bank, N.A. v. Wasserman
D.R.I. · 2012 · confidence medium
Co. in Salem, 658 A.2d 18, 20 (R.I.1995)).
discussed Cited as authority (rule) Haviland v. Simmons
R.I. · 2012 · confidence medium
“In determining whether or not a particular contract is ambiguous, the court should read the contract ‘in its entirety, giving words their plain, ordinary, and usual meaning.’ ” Young v. Warwick Rollermagic Skating Center, Inc., 973 A.2d 553, 558 (R.I.2009) (quoting Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995)).
discussed Cited as authority (rule) Iozzi v. City of Cranston
R.I. · 2012 · confidence medium
“If a policy contains ambiguous terms that are capable of more than one reasonable meaning, we will strictly construe the policy in favor of the insured and against the insurer.” Id. (citing Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995)).
discussed Cited as authority (rule) Town Houses at Bonnet Shores Condominium Ass'n v. Langlois
R.I. · 2012 · confidence medium
We also will “refrain from engaging in mental gymnastics or from stretching the imagination to read ambiguity into a [declaration] where none is present.” Id. (quoting Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995)).
discussed Cited as authority (rule) New London County Mutual Insurance v. Fontaine (2×)
R.I. · 2012 · confidence medium
“The test to be applied is not what the insurer intended by his words, but what the ordinary reader and purchaser would have understood them to mean.” Gregelevich v. Progressive Northwestern Insurance Co., 882 A.2d 594, 595-96 (R.I.2005) (mem.) (quoting Town of Cumberland, 860 A.2d at 1215 ). “[W]e shall not depart from the literal language of the policy absent a finding that the policy is ambiguous.” Lynch, 965 A.2d at 425 (quoting Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995)).
discussed Cited as authority (rule) Empire Fire & Marine Insurance v. Citizens Insurance Co. of America/Hanover Insurance
R.I. · 2012 · confidence medium
“If, however, the *60 policy terms are ambiguous or capable of more than one reasonable meaning, the policy will be strictly construed in favor of the insured and against the insurer.” Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995).
discussed Cited as authority (rule) Derderian v. Essex Insurance
R.I. · 2012 · confidence medium
Furthermore, we will “refrain from engaging in mental gymnastics or from stretching the imagination to read ambiguity into a policy where none is present.” Id. (quoting Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995)).
examined Cited as authority (rule) Koziol v. Peerless Insurance (5×) also: Cited "see"
R.I. · 2012 · confidence medium
It is well-settled that this Court “shall not depart from the literal language of the policy absent a finding that the policy is ambiguous.” Lynch v. Spirit Rent-A-Car, Inc., 965 A.2d 417, 425 (R.I.2009) (quoting Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995)).
discussed Cited as authority (rule) Cheaters, Inc. v. United National Insurance (2×)
R.I. · 2012 · confidence medium
However, in carrying out that review of the policy language, we are mindful that we should “refrain from engaging in mental gymnastics or from stretching the imagination to read ambiguity into a policy where none is present.” Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995); see also Bliss Mine Road Condominium Association, 11 A.3d at 1083; Beacon Mutual Insurance Co., 11 A.3d at 649.
discussed Cited as authority (rule) Ferreira v. Liberty Mutual Insurance Co. (2×) also: Cited "see"
R.I. · 2011 · confidence medium
Additionally, when interpreting an insurance policy, this Court applies the rules for construction of contract and will “not depart from the literal language of the policy absent a finding that the policy is ambiguous.” Lynch v. Spirit Rent-A-Car, Inc., 965 A.2d 417, 425 (R.I.2009) (quoting Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995)).
discussed Cited as authority (rule) DeMarco v. Travelers Insurance Co. (2×)
R.I. · 2011 · confidence medium
Only when the document is absurd on its face (and no one has raised that argument here) or ambiguous do we rely on extrinsic factors to give context to the parties’ intent. 61 See Gorman v. Gorman, 883 A.2d 732 , 739 n. 11 (R.I.2005) (“Under established contract law principles, when there is an unambiguous contract * * *, the terms of the contract are to be applied as written.”); Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995); Aetna Casualty & Surety Co. v. Sullivan, 633 A.2d 684, 686 (R.I.1993).
discussed Cited as authority (rule) Papudesu v. Medical Malpractice Joint Underwriting Ass'n
R.I. · 2011 · confidence medium
See Town of Cumberland v. Rhode Island Interlocal Risk Management Trust, Inc., 860 A.2d 1210, 1215 (R.I.2004) (“This Court interprets the terms of an insurance policy according to the same rules of construction governing contracts.”); see also Beacon Mutual Insurance Co., 11 A.3d at 649 ; Lynch, 965 A.2d at 425 ; Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995).
discussed Cited as authority (rule) Beacon Mutual Insurance v. Spino Bros., Inc.
R.I. · 2011 · confidence medium
“It is well established that this [C]ourt applies the rules for construction of contracts when interpreting an insurance policy and that we shall not depart from the literal language of the policy absent a finding that the policy is ambiguous.” Lynch v. Spirit Rent-A-Car, Inc., 965 A.2d 417, 425 (R.I.2009) (quoting Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995)).
cited Cited as authority (rule) Bliss Mine Road Condominium Ass'n v. Nationwide Property & Casualty Insurance
R.I. · 2010 · confidence medium
Mallane v. Holyoke Mutual Insurance Co., 658 A.2d 18, 20 (R.I.1995) (citing Aetna Casualty & Surety Co. v. Sullivan, 633 A.2d 684, 686 (R.I.1993)).
discussed Cited as authority (rule) Haffenreffer v. Haffenreffer (2×)
R.I. · 2010 · confidence medium
"In determining whether or not a particular contract is ambiguous, the court should read the contract `in its entirety, giving words their plain, ordinary, and usual meaning.'" Id. at 558 (quoting Mallane v. Holyoke Mutual Insurance Company in Salem, 658 A.2d 18, 20 (R.I.1995)); see also Irene Realty Corp. v. Travelers Property Casualty Company of America, 973 A.2d 1118, 1122-23 (R.I.2009).
discussed Cited as authority (rule) Derderian v. Essex Insurance Co.
Sup. Ct. R.I. · 2009 · confidence medium
Further: `In order to determine whether the policy is ambiguous, we read the policy in its entirety, giving words their plain, ordinary, and usual meaning.' . . . `We refrain from engaging in mental gymnastics or from stretching the imagination to read ambiguity into a policy where none is present.'. . . `If the terms of the policy are ambiguous, subjecting them to more than one reasonable interpretation, `the policy will be strictly construed in favor of the insured and against the insurer.' Id. (quoting Mallane , 658 A.2d at 20 (internal citations omitted).
discussed Cited as authority (rule) Lynch v. Spirit Rent-A-Car, Inc.
R.I. · 2009 · confidence medium
“It is well established that this [C]ourt applies the rules for construction of contracts when interpreting an insurance policy and that we shall not depart from the literal language of the policy absent a finding that the policy is ambiguous.” Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995) (citing Aetna Casualty & Surety Co. v. Sullivan, 633 A.2d 684, 686 (R.I.1993)).
cited Cited as authority (rule) Metro Properties, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
R.I. · 2007 · confidence medium
Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 20 (R.I.1995) (citing Aetna Casualty & Surety Co. v. Sullivan, 633 A.2d 684, 686 (R.I.1993)).
cited Cited as authority (rule) Ex Parte United Services Auto. Ass'n
S.C. Ct. App. · 2005 · confidence medium
Co., 658 A.2d 18, 20 (R.I.1995).
cited Cited as authority (rule) Smith v. Moore
S.C. Ct. App. · 2005 · confidence medium
Co., 658 A.2d 18, 20 (R.I.1995).
cited Cited as authority (rule) Lifespan/Physicians Professional Services Organization, Inc. v. Combined Insurance of America
D.R.I. · 2004 · confidence medium
Co., 658 A.2d 18, 20 (R.I.1995).
cited Cited as authority (rule) Richard C. Young & Co., Ltd. v. Leventhal
D. Mass. · 2003 · confidence medium
Co., 658 A.2d 18, 20 (R.I.1995).
discussed Cited as authority (rule) American Commerce Insurance v. Porto
R.I. · 2002 · confidence medium
“If the terms of an insurance contract are subject to more than one reasonable interpretation, the policy will be construed in favor of , the insured to avoid forfeiture.” Campbell , 682 A.2d at *1193 935 (citing Mallane v. Holyoke Mutual Insurance Co., 658 A.2d 18, 20 (R.I.1995)).
discussed Cited as authority (rule) Medeiros v. Anthem Casualty Insurance Group
R.I. · 2002 · confidence medium
A determination of whether a plaintiff is covered by an insurance policy “requires judicial construction of the policy language as a matter of law.” Mallane v. Holyoke Mutual Insurance Co., 658 A.2d 18, 20 (R.I.1995).
cited Cited as authority (rule) Stone v. Green Hill Civic Ass'n, Inc.
R.I. · 2001 · confidence medium
Marr Scaffolding Co. v. Fairground Forms, Inc., 682 A.2d 455, 457 (R.I.1996); Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 19 (R.I.1995).
cited Cited as authority (rule) Howard v. GUIDANT MUTUAL INS. GROUP
R.I. · 2001 · confidence medium
Co. in Salem, 658 A.2d 18, 20 (R.I.1995) (citing Mullins v. Federal Dairy Co., 568 A.2d 759, 762 (R.I.1990)).
cited Cited as authority (rule) Clauson v. New England Insurance
1st Cir. · 2001 · confidence medium
Co., 658 A.2d 18, 20 (R.I.1995) (citing Aetna Cas. & Sur.
discussed Cited as authority (rule) Rhode Island Insurers' Insolvency Fund v. Leviton Manufacturing Co.
R.I. · 2000 · confidence medium
“In its review of the granting of a motion for summary judgment, this Court applies the same rules and analysis as those applied by the trial justice.” Accent Store Design, Inc. v. Marathon House, Inc., 674 A.2d 1223, 1225 (R.I.1996) (citing Mallane v. Holyoke Mutual Insurance Company in Salem, 658 A.2d 18, 19-20 (R.I.1995)).
discussed Cited as authority (rule) Hendrick v. Hendrick
R.I. · 2000 · confidence medium
“Accordingly, if our review of the admissible evidence viewed in the light most favorable to the nonmoving party reveals no genuine issues of material fact, and if we conclude that the moving party was entitled to judgment as a matter of law, we shall sustain the trial justice’s granting of summary judgment.” Accent Store Design, Inc. v. Marathon House, Inc., 674 A.2d 1223, 1225 (R.I.1996) (citing Mallane v. Holyoke Mutual Insurance Company in Salem, 658 A.2d 18, 20 (R.I.1995)).
cited Cited as authority (rule) Pina v. Dos Anjos
R.I. · 2000 · confidence medium
Mallane v. Holyoke Mutual Insurance Company in Salem, 658 A.2d 18, 19-20 (R.I.1995).
discussed Cited as authority (rule) O'Donnell v. Twin City Fire Insurance (2×) also: Cited "see"
D.R.I. · 1999 · confidence medium
Co., 658 A.2d 18, 20 (R.I.1995).
cited Cited as authority (rule) Chevy Chase, F.S.B. v. Faria
R.I. · 1999 · confidence medium
See Marr Scaffolding Co., Inc. v. Fairground Forms, Inc., 682 A.2d 455, 457 (R.I.1996); Mallane v. Holyoke Mutual Insurance Company in Salem, 658 A.2d 18, 19-20 (R.I.1995).
cited Cited as authority (rule) Carlson v. Town of Smithfield
R.I. · 1999 · confidence medium
Marr Scaffolding Co. v. Fairground Forms, Inc., 682 A.2d 455, 457 (R.I.1996); Mallane v. Holyoke Mutual Insurance Company in Salem, 658 A.2d 18, 19-20 (R.I. 1995).
cited Cited as authority (rule) Rhode Island Insurers' Insolvency Fund v. Benoit
R.I. · 1999 · confidence medium
Id.; Accent Store Design, Inc. v. Marathon House, Inc., 674 A.2d 1223, 1225 (R.I. 1996); Mallane v. Holyoke Mutual Insurance Co., 658 A.2d 18, 20 (R.I.1995).
cited Cited as authority (rule) RIH Medical Foundation, Inc. v. Nolan
R.I. · 1999 · confidence medium
Accent Store Design, Inc. v. Marathon House, Inc., 674 A.2d 1223, 1225 (R.I.1996) (citing Mallane v. Holyoke Mutual Insurance Company in Salem, 658 A.2d 18, 19-20 (R.I.1995)).
discussed Cited as authority (rule) Medical Malpractice Asso. v. Doe, 96-5416 (1999) (2×)
Sup. Ct. R.I. · 1999 · confidence medium
Such an understanding is the natural result of the language and layout chosen by the insurer and is not due to the exercise of "mental gymnastics." See Mallane, 658 A.2d at 20 (citations omitted).
cited Cited as authority (rule) O'Brien v. Laroche
R.I. · 1998 · confidence medium
Marr Scaffolding Co. v. Fairground Forms, Inc., 682 A.2d 455, 457 (R.I.1996); Mallane v. Holyoke Mutual Insurance Co. in Salem, 658 A.2d 18, 19 (R.I.1995).
Retrieving the full opinion text from the archive…
Anthony MALLANE,
v.
HOLYOKE MUTUAL INSURANCE COMPANY IN SALEM
93-635-A.
Supreme Court of Rhode Island.
May 12, 1995.
658 A.2d 18
Neil Philbin, Kirshenbaum & Kirshen-baum, Cranston, for plaintiff., Mark P. Dolan, Rice, Kershaw & Dolan, Providence, for defendant.
Lederberg.
Cited by 85 opinions  |  Published

OPINION

LEDERBERG, Justice.

The defendant, Holyoke Mutual Insurance Company in Salem, has appealed to the Supreme Court the granting of a motion for summary judgment in favor of the plaintiff, Anthony Mallane. We deny and dismiss the appeal and affirm the judgment of the Superior Court. We have gleaned the following pertinent facts from the record.

Facts and Procedural History

This dispute arose after plaintiff was injured while riding as a passenger in a motor[*19] vehicle that was operated by an uninsured driver and plaintiff made a claim against defendant for uninsured-motorist benefits. The defendant had issued automobile liability policy No. APV 5021980 (the policy) to plaintiffs brother, Gregory Mallane, who was the “named insured” set forth on the declarations page for the policy period February 15, 1992, to August 15, 1992. The only other individual named on the declarations page was plaintiff, who along with Gregory Mal-lane was listed under the heading “driver name.” Apparently, plaintiffs name was placed on the declarations page as a named driver at the request of the Hague and Mar-so Realty Insurance Agency, the agent for the policy. The listing of plaintiff as a driver did not increase the policy premium.

On March 13, 1992, during the period covered by the policy, plaintiff sustained severe personal injuries while he was riding as a passenger in a vehicle operated by James W. Donahue (Donahue). Donahue’s vehicle was uninsured, and consequently, plaintiff claimed uninsured-motorist benefits under the policy issued to Gregory Mallane.

After defendant refused to pay plaintiffs claim, plaintiff filed a declaratory-judgment action against defendant in Superior Court. The plaintiffs petition asserted that he was entitled to uninsured-motorist benefits under the policy and requested that the Superior Court construe the policy and declare that plaintiff was entitled to coverage. Uniform Declaratory Judgments Act, G.L.1956 (1985 Reenactment) chapter 30 of title 9.

The defendant’s motion for summary judgment was denied by an order that stated: “[T]he court finds that Anthony Mallane is a ‘named insured’ because he is identified as a ‘driver’ on the declaration page of the policy.” Subsequently, the Superior Court granted plaintiffs motion for summary judgment, and ruled, “Pursuant to the Uniform Declaratory Judgment Act, this court declares that Anthony Mallane is entitled to uninsured motorist coverage under automobile liability insurance policy number APV6021980 [szc ] issued by Holyoke Mutual Insurance Company in Salem.”

The Issue on Appeal

The defendant argued on appeal that the policy is clear and unambiguous and that although plaintiff is listed as a driver, he does not qualify as an insured entitled to uninsured-motorist coverage because he was not named as an insured. Furthermore, defendant asserted, plaintiff did not fall under the definition of an “insured” delineated in part C of the policy where “Uninsured Motorists Coverage” is described:

“‘Insured’ as used in this Part means:
1. You or any ‘family member’.
2. Any other person ‘occupying’ ‘your covered auto’.
3. Any person for damages that person is entitled to recover because of ‘bodily injury’ to which this coverage applies sustained by a person described in 1. or 2. above.”

The “Definitions” section of the policy defines “you” as “[t]he ‘named insured’ shown in the Declarations” and “[t]he spouse if a resident of the same household.” The policy defines “family member” as “a person related to you by blood, marriage or adoption who is a resident of your household.” Nowhere in the policy is the term “driver” defined, nor is the status, rights, or responsibility of listed drivers set forth in the policy. In pressing its case that plaintiff was not an insured and thus was not entitled to coverage, defendant contended that plaintiff was not listed as a named insured on the declarations page of the policy, that he was not a spouse of the insured, that he did not live in Gregory Mal-lane’s household, and that he was not occupying the auto covered by the policy at the time of the accident. The plaintiff, on the other hand, took the position that the policy is ambiguous because the listing of his name on the declarations page as one of the two drivers named in the policy would lead to the inference that persons so listed have the status of insured parties.

The Motion for Summary Judgment

In reviewing the granting of a motion for summary judgment, this court applies the same rules as the trial court. Banks v. [*20] Bowen’s Landing Corp., 522 A.2d 1222, 1224 (R.I.1987). Accordingly, in the event that our review reveals no issues of material fact, and the moving party is entitled to judgment as a matter of law, we will sustain the ruling of the trial justice in granting summary judgment. Id.

Construction of the Policy

The dispositive issue in the instant case, whether plaintiff was covered by the policy, requires judicial construction of the policy language as a matter of law. Mullins v. Federal Dairy Co., 568 A.2d 759, 762 (R.I.1990). This court will not disturb a trial justice’s ruling on the issue absent an error of law. Id.

It is well established that this court applies the rules for construction of contracts when interpreting an insurance policy and that we shall not depart from the literal language of the policy absent a finding that the policy is ambiguous. Aetna Casualty & Surety Co. v. Sullivan, 633 A.2d 684, 686 (R.I.1993). In order to determine whether the policy is ambiguous, we read the policy in its entirety, giving words their plain, ordinary, and usual meaning. Id. We refrain from engaging in mental gymnastics or from stretching the imagination to read ambiguity into a policy where none is present. Id. If, however, the policy terms are ambiguous or capable of more than one reasonable meaning, the policy will be strictly construed in favor of the insured and against the insurer. Id.

In the ease before us, plaintiff argued that because his name was listed as a driver on the declarations page, the policy was rendered ambiguous in respect to the question of who is a covered insured under the policy. The defendant maintained, on the other hand, that the policy is clear and unambiguous because it specifically defines who is covered as an insured. This precise issue has not previously been addressed by this court.

In resolving this dispute, we make the following observations. The policy in its entirety consists of twenty-nine pages that include the declarations page, fourteen pages of endorsements, and the “policy jacket,” the boilerplate language of the policy. As pointed out supra, “driver” is not defined, and except for the use of the word once on the declarations page where Gregory Mallane and Anthony Mallane are listed as drivers named, the only reference to a driver in the twenty-nine pages occurs in an endorsement that sets forth the company’s practice for cancellation of a policy:

“After this policy is in effect for 60 days, or if this is a renewal or continuation policy, we will cancel only:
a. for nonpayment of premium; or
b. if your driver’s license or that of any driver who customarily uses ‘your covered auto’ has been suspended or revoked.” (Emphasis added.)

This provision does not render unreasonable the expectation that a named driver on the declarations page is an insured. On the contrary, this cancellation provision is consistent with such an interpretation.

We are led to conclude, then, that the listing of drivers’ names on the declarations page, without more, gives rise to an ambiguity in respect to whether such drivers are in fact covered under the terms of the policy. See Sentry Insurance Co. v. Grenga, 556 A.2d 998, 999 (R.I.1989) (ambiguity in policy where term “underinsured coverage” used on declarations page was not mentioned or defined in policy or in “plain talk” pamphlet). Having concluded that the policy is ambiguous, we must next determine whether the trial court properly construed the contract and, in so doing, gave the words their plain and ordinary meaning while resolving all ambiguities against the insurer. Mullins, 568 A.2d at 762.

It is important to point out that this court has previously held that “[t]he contents of the declarations sheet is of paramount importance because it is common knowledge that the detailed provisions of insurance contracts are seldom read by the consumer.” Grenga, 556 A.2d at 1000. The typical purchaser of insurance would likely believe that persons listed as named drivers on the declarations sheet were covered insureds under the policy. See Lehrhoff v. Aetna Casualty and [*21] Surety Co., 271 N.J.Super. 340, 347—48, 638 A.2d 889, 892-93 (1994).

In Lehrhojf, which involved a situation similar to the present case, the declarations page of an automobile policy listed the plaintiff as a driver, and the definition of “covered person” was similar to the definition of “insured” in the policy at issue here. Id. at 344-45, 638 A.2d at 891. Although the plaintiff did not fit the definition of a “covered person” under the policy, the plaintiff was entitled to recover under uninsured-motorist coverage because he was listed as a driver on the declarations page. Id. at 344-48, 638 A.2d at 891-93. The court reasoned that “it is the declaration page, the one page of the policy tailored to the particular insured and not merely boilerplate, which must be deemed to define coverage and the insured’s expectation of coverage.” Id. at 347, 638 A.2d at 892. And in a statement that represents the opinion of this court, the New Jersey court noted that a “typical automobile policyholder would understand and expect from the declarations page of this policy that each of the listed drivers was entitled to all of the coverages and all of the protections afforded by the policy.” Id. at 348, 638 A.2d at 893.

At oral argument, defendant’s counsel explained that plaintiffs name was not fisted on the original policy as a driver but was added to the declarations page of the renewal certificate to enable the company to garner actuarial information anent persons who actually drove the insured vehicle. If that were the sole purpose in adding such names to the declarations page, it is our considered opinion that an insurer should disclose such an objective to its policy holders. For example, the company’s purpose can be readily revealed to the policyholder by the addition of a single line or sentence to the declarations page or by defining the term “driver name.”

Thus, this court concludes that the arguments of the defendant are unavailing and that although our holding in this case comports with that of the minority of jurisdictions, we are of the opinion that it represents the better public policy. “And we are also convinced that reasonable expectations of coverage raised by the declaration page cannot be contradicted by the policy’s boilerplate unless the declaration page itself clearly so warns the insured.” Id. at 347, 638 A.2d at 892; see also Elliott Leases Cars, Inc. v. Quigley, 118 R.I. 321, 327, 373 A.2d 810, 812 (1977) (holding that an “ordinary reader, in the face of such detail, would be warranted in concluding that any significant limitation on collision insurance would have been explicitly noted”).

In conclusion, therefore, we affirm the granting of summary judgment in favor of the plaintiff. We deny and dismiss the defendant’s appeal, and affirm the judgment of the Superior Court, to which we return the papers in this case.