direct claim (Rhode Island) · Go Syfert
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direct claim in Rhode Island

10 Rhode Island opinions name it 2 courts 1981–2022 1 in the last five years

The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Cianci v. Nationwide Insurance Co.green
ri · 1995 · cited in 3 Rhode Island opinions naming this issue, 1997–2001
2 sentences

2001Our Supreme Court agreed that a claimant does not have a direct claim against the insurer of a tortfeasor until that claim has been reduced to judgment against the tortfeasor Medical Malpractice, 703 A.2d at 1101 (citing Cianci v. Nationwide Insurance Co., 659 A.2d 662, 666 (R.I. 1995), and Auclair v. Nationwide Mutual Insurance Co., 505 A.2d 431 (R.I. 1986)).

2001Our Supreme Court agreed that a claimant does not have a direct claim against the insurer of a tortfeasor until that claim has been reduced to judgment against the tortfeasor Medical Malpractice, 703 A.2d at 1101 (citing Cianci v. Nationwide Insurance Co., 659 A.2d 662, 666 (R.I. 1995), and Auclair v. Nationwide Mutual Insurance Co., 505 A.2d 431 (R.I. 1986)).

33
Miranda v. Arizonagreen
scotus · 1966 · cited in 2 Rhode Island opinions naming this issue, 1981–1981
2 sentences

1981Miranda v. Arizona, 384 U.S. at 475, 86 S.Ct. at 1628 , 16 L.Ed.2d at 724 ; cf. State v. Espinosa, 109 R.I. 221, 227 , 283 A.2d 465, 468 (1971) (example of trial judge’s separate instructions on waiver and voluntariness).

1981Miranda v. Arizona, 384 U.S. at 475, 86 S.Ct. at 1628 , 16 L.Ed.2d at 724 ; cf. State v. Espinosa, 109 R.I. 221, 227 , 283 A.2d 465, 468 (1971) (example of trial judge’s separate instructions on waiver and voluntariness).

22
State v. Espinosagreen
ri · 1971 · cited in 2 Rhode Island opinions naming this issue, 1981–1981
2 sentences

1981Miranda v. Arizona, 384 U.S. at 475, 86 S.Ct. at 1628 , 16 L.Ed.2d at 724 ; cf. State v. Espinosa, 109 R.I. 221, 227 , 283 A.2d 465, 468 (1971) (example of trial judge’s separate instructions on waiver and voluntariness).

1981Miranda v. Arizona, 384 U.S. at 475, 86 S.Ct. at 1628 , 16 L.Ed.2d at 724 ; cf. State v. Espinosa, 109 R.I. 221, 227 , 283 A.2d 465, 468 (1971) (example of trial judge’s separate instructions on waiver and voluntariness).

22
Auclair v. Nationwide Mutual Insurancegreen
ri · 1986 · cited in 2 Rhode Island opinions naming this issue, 1997–2001
2 sentences

2001Our Supreme Court agreed that a claimant does not have a direct claim against the insurer of a tortfeasor until that claim has been reduced to judgment against the tortfeasor Medical Malpractice, 703 A.2d at 1101 (citing Cianci v. Nationwide Insurance Co., 659 A.2d 662, 666 (R.I. 1995), and Auclair v. Nationwide Mutual Insurance Co., 505 A.2d 431 (R.I. 1986)).

2001Our Supreme Court agreed that a claimant does not have a direct claim against the insurer of a tortfeasor until that claim has been reduced to judgment against the tortfeasor Medical Malpractice, 703 A.2d at 1101 (citing Cianci v. Nationwide Insurance Co., 659 A.2d 662, 666 (R.I. 1995), and Auclair v. Nationwide Mutual Insurance Co., 505 A.2d 431 (R.I. 1986)).

12
In Re Request for Advisory Opinion From the House of Representativesgreen
ri · 2008 · cited in 1 Rhode Island opinions naming this issue, 2022–2022
1 sentence

2022These amendments ushered in four fundamental changes to the Rhode Island Constitution and, for the first time in [the state’s] history, clearly and explicitly established three separate and distinct departments of government.” In re Request for Advisory Opinion from House of Representatives (Coastal Resources Management Council), 961 A.2d 930, 933 (R.I. 2008).

11
McKenna v. Williamsgreen
ri · 2005 · cited in 1 Rhode Island opinions naming this issue, 2022–2022
2 sentences

2022Cf. McKenna, 874 A.2d at 230 (“Although the foregoing holdings [based on standing] are determinative of the - 19 - issues before this Court, we are mindful of the public importance that attaches to such a direct challenge to an official’s title to office [in accordance with the state constitution].”). 1 Repeal of Article 6, Section 10 “In November of 2004, the electorate of the State of Rhode Island approved the so-called separation of powers amendments.

2022Cf. McKenna, 874 A.2d at 230 (“Although the foregoing holdings [based on standing] are determinative of the - 19 - issues before this Court, we are mindful of the public importance that attaches to such a direct challenge to an official’s title to office [in accordance with the state constitution].”). 1 Repeal of Article 6, Section 10 “In November of 2004, the electorate of the State of Rhode Island approved the so-called separation of powers amendments.

11
Smith Development Corp. v. Bilow Enterprises, Inc.green
ri · 1973 · cited in 1 Rhode Island opinions naming this issue, 2008–2008
2 sentences

2008The city and PRA argued below, and also on appeal, that this Court’s holding in Belliveau Building Corp., 763 A.2d at 629 , eviscerates any tortious interference claim as a matter of law. 5 To prevail on a claim of tortious interference with contractual relations, a plaintiff must show “(1) the existence of a contract; (2) the alleged wrongdoer’s knowledge of the contract; (3) his [or her] intentional interference; and (4) damages resulting therefrom.” Smith Development Corp. v. Bilow Enterprises, Inc., 112 R.I. 203, 211 , 308 A.2d 477, 482 (1973).

2008The city and PRA argued below, and also on appeal, that this Court’s holding in Belliveau Building Corp., 763 A.2d at 629 , eviscerates any tortious interference claim as a matter of law. 5 To prevail on a claim of tortious interference with contractual relations, a plaintiff must show “(1) the existence of a contract; (2) the alleged wrongdoer’s knowledge of the contract; (3) his [or her] intentional interference; and (4) damages resulting therefrom.” Smith Development Corp. v. Bilow Enterprises, Inc., 112 R.I. 203, 211 , 308 A.2d 477, 482 (1973).

11
DiQuinzio v. Panciera Lease Co., Inc.green
ri · 1992 · cited in 1 Rhode Island opinions naming this issue, 1994–1994
1 sentence

1994See id.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Medical Malpractice Joint Underwriting Ass'n v. Rhode Island Insurers' Insolvency Fund green
ri · 1997
2 sentences

2001Our Supreme Court agreed that a claimant does not have a direct claim against the insurer of a tortfeasor until that claim has been reduced to judgment against the tortfeasor Medical Malpractice, 703 A.2d at 1101 (citing Cianci v. Nationwide Insurance Co., 659 A.2d 662, 666 (R.I. 1995), and Auclair v. Nationwide Mutual Insurance Co., 505 A.2d 431 (R.I. 1986)).

2001Our Supreme Court agreed that a claimant does not have a direct claim against the insurer of a tortfeasor until that claim has been reduced to judgment against the tortfeasor Medical Malpractice, 703 A.2d at 1101 (citing Cianci v. Nationwide Insurance Co., 659 A.2d 662, 666 (R.I. 1995), and Auclair v. Nationwide Mutual Insurance Co., 505 A.2d 431 (R.I. 1986)).

12001–2001
State v. NAT. ASS'N OF GOV. EMP. L. 79 green
ri · 1988
1 sentence

1991This was a direct violation of the doctrine enunciated by us in State v. National Association of Government Employees Local No. 79, supra. Moreover, it should be noted that the chief judge has been given by statute the power and the duty to supervise the operations of the District Court.

11991–1991
National Sav. Life Ins. Co. v. Dutton green
ala · 1982
2 sentences

1989However, we also adopted the rule in Bartlett that had been stated earlier in National Savings Life Insurance Co. v. Dutton, 419 So.2d 1357 (Ala.1982): “ ‘An insurer is liable for its refusal to pay a direct claim when there is no lawful basis for the refusal coupled with actual knowledge of that fact. * * * No lawful basis “means that the insurer lacks a legitimate or arguable reason for failing to pay the claim.” * * * When a claim is “fairly debatable,” the insurer is entitled to debate it, whether the debate concerns a matter of fact or law. “ ‘Under those authorities the plaintiff in a “b

1989Or, stated differently, the plaintiff must show that the insurance company had no legal or factual defense to the insurance claim.’ ” (Emphasis added.) 419 So.2d at 1361 .

11989–1989

Where else courts name it

CA 131 (1925–2025) NY 127 (1836–2026) PA 125 (1895–2025) NC 94 (1904–2025) DE 89 (1959–2026) TX 78 (1872–2026) IL 76 (1900–2026) GA 68 (1894–2026) MO 63 (1914–2023) AL 60 (1918–2025) MI 58 (1874–2026) NJ 55 (1968–2026) LA 49 (1934–2024) OH 41 (1905–2025) WA 39 (1913–2025) FL 37 (1958–2025) WI 37 (1876–2025) IN 32 (1885–2025) OR 31 (1907–2025) AR 31 (1899–2026) MA 31 (1975–2024) IA 28 (1899–2024) TN 27 (1919–2025) UT 26 (1942–2024) CT 24 (1978–2023) AZ 22 (1967–2025) MD 22 (1988–2025) MN 17 (1932–2025) OK 15 (1920–2020) KS 15 (1890–2024) NM 13 (1963–2025) NE 13 (1871–2021) ID 12 (1905–2023) DC 12 (1914–2024) KY 12 (1917–2025) CO 12 (1977–2013) MS 11 (1947–2024) WY 11 (1978–2024) RI 10 (1981–2022) HI 10 (1925–2024) ME 9 (1992–2018) SD 9 (1946–2015) NH 9 (1852–2007) VT 9 (1963–2025) WV 8 (1951–2023) AK 7 (1995–2025) MT 6 (1913–2018) NV 6 (2017–2025) VA 6 (1905–2025) ND 5 (1919–2019) SC 2 (2006–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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