pleadings test in Rhode Island

2012Ill Analysis A Travelers’ Duty to Defend We have frequently articulated the principle that, in Rhode Island, whether an insurer is required to defend its insured is “determined by applying the pleadings test.” See Peerless Insurance Co. v. Viegas, 667 A.2d 785, 787 (R.I.1995) (internal quotation marks omitted); see also American Commerce Insurance Co. v. Porto, 811 A.2d 1185, 1191 (R.I.2002); Progressive Casualty Insurance Co. v. Narragansett Auto Sales, 764 A.2d 722, 724 (R.I.2001).

2012Under the pleadings test, the trial court must review “the allegations contained in the complaint, and if the pleadings recite facts bringing the injury complained of within the coverage of the insurance policy, the insurer must defend irrespective of the insured’s ultimate liability to the plaintiff.” Peerless Insurance Co., 667 A.2d at 787 (emphasis added) (internal quotation marks omitted); see also Howard v. Guidant Mutual Insurance Group, 785 A.2d 561, 562 (R.I.2001) (mem.); Shelby Insurance Co. v. North *21 east Structures, Inc., 767 A.2d 75, 76 (R.I.2001); Progressive Casualty Insurance

2012Ill Analysis A Travelers’ Duty to Defend We have frequently articulated the principle that, in Rhode Island, whether an insurer is required to defend its insured is “determined by applying the pleadings test.” See Peerless Insurance Co. v. Viegas, 667 A.2d 785, 787 (R.I.1995) (internal quotation marks omitted); see also American Commerce Insurance Co. v. Porto, 811 A.2d 1185, 1191 (R.I.2002); Progressive Casualty Insurance Co. v. Narragansett Auto Sales, 764 A.2d 722, 724 (R.I.2001).

2005Had the distinction between the allegations and Shettys own “professional services” been less distinct, our holding nonetheless would be the same, because “this Court has recognized an exception to [the pleadings test] in cases involving civil actions for damages flowing from an alleged sexual molestation.” American Commerce Insurance Co. v. Porto, 811 A.2d 1185, 1190 (R.I.2002) (holding that an insurer had no duty to defend or indemnify defendant Boy Scout leader for claims arising out of co-troop-leaders sexual abuse of troop member when defendants homeowners policy had specific exclusion fo

2012Ill Analysis A Travelers’ Duty to Defend We have frequently articulated the principle that, in Rhode Island, whether an insurer is required to defend its insured is “determined by applying the pleadings test.” See Peerless Insurance Co. v. Viegas, 667 A.2d 785, 787 (R.I.1995) (internal quotation marks omitted); see also American Commerce Insurance Co. v. Porto, 811 A.2d 1185, 1191 (R.I.2002); Progressive Casualty Insurance Co. v. Narragansett Auto Sales, 764 A.2d 722, 724 (R.I.2001).

2012Under the pleadings test, the trial court must review “the allegations contained in the complaint, and if the pleadings recite facts bringing the injury complained of within the coverage of the insurance policy, the insurer must defend irrespective of the insured’s ultimate liability to the plaintiff.” Peerless Insurance Co., 667 A.2d at 787 (emphasis added) (internal quotation marks omitted); see also Howard v. Guidant Mutual Insurance Group, 785 A.2d 561, 562 (R.I.2001) (mem.); Shelby Insurance Co. v. North *21 east Structures, Inc., 767 A.2d 75, 76 (R.I.2001); Progressive Casualty Insurance

2005The pleadings test “requires the trial court to look at the allegations contained in the complaint, and 'if the pleadings recite facts bringing the injury complained of within the coverage of the insurance policy, the insurer must defend irrespective of the insured’s ultimate liability to the plaintiff.’ ” Peerless Insurance Co. v. Viegas, 667 A.2d 785, 787 (R.I.1995) (quoting Employers’ Fire Insurance Co. v. Beals, 103 R.I. 623, 632 , 240 A.2d 397, 402 (1968)). 4 .

2005The pleadings test “requires the trial court to look at the allegations contained in the complaint, and 'if the pleadings recite facts bringing the injury complained of within the coverage of the insurance policy, the insurer must defend irrespective of the insured’s ultimate liability to the plaintiff.’ ” Peerless Insurance Co. v. Viegas, 667 A.2d 785, 787 (R.I.1995) (quoting Employers’ Fire Insurance Co. v. Beals, 103 R.I. 623, 632 , 240 A.2d 397, 402 (1968)). 4 .

2025See North Farm Home Owners Association, Inc. v. Bristol County Water Authority, 315 A.3d 933 , 946 (R.I. 2024) (“Due process requires that [plaintiff’s] complaint give [defendant] ‘fair and adequate notice of the type of claim being asserted[.]’”) (quoting Hyatt v. Village House Convalescent Home, Inc., 880 A.2d 821, 824 (R.I. 2005)). -3- Entered as an Order of this Court this day of January, 2025.

2012Under the pleadings test, the trial court must review “the allegations contained in the complaint, and if the pleadings recite facts bringing the injury complained of within the coverage of the insurance policy, the insurer must defend irrespective of the insured’s ultimate liability to the plaintiff.” Peerless Insurance Co., 667 A.2d at 787 (emphasis added) (internal quotation marks omitted); see also Howard v. Guidant Mutual Insurance Group, 785 A.2d 561, 562 (R.I.2001) (mem.); Shelby Insurance Co. v. North *21 east Structures, Inc., 767 A.2d 75, 76 (R.I.2001); Progressive Casualty Insurance

2012Under the pleadings test, the trial court must review “the allegations contained in the complaint, and if the pleadings recite facts bringing the injury complained of within the coverage of the insurance policy, the insurer must defend irrespective of the insured’s ultimate liability to the plaintiff.” Peerless Insurance Co., 667 A.2d at 787 (emphasis added) (internal quotation marks omitted); see also Howard v. Guidant Mutual Insurance Group, 785 A.2d 561, 562 (R.I.2001) (mem.); Shelby Insurance Co. v. North *21 east Structures, Inc., 767 A.2d 75, 76 (R.I.2001); Progressive Casualty Insurance

2012Under the pleadings test, the trial court must review “the allegations contained in the complaint, and if the pleadings recite facts bringing the injury complained of within the coverage of the insurance policy, the insurer must defend irrespective of the insured’s ultimate liability to the plaintiff.” Peerless Insurance Co., 667 A.2d at 787 (emphasis added) (internal quotation marks omitted); see also Howard v. Guidant Mutual Insurance Group, 785 A.2d 561, 562 (R.I.2001) (mem.); Shelby Insurance Co. v. North *21 east Structures, Inc., 767 A.2d 75, 76 (R.I.2001); Progressive Casualty Insurance

2012Under the pleadings test, the trial court must review “the allegations contained in the complaint, and if the pleadings recite facts bringing the injury complained of within the coverage of the insurance policy, the insurer must defend irrespective of the insured’s ultimate liability to the plaintiff.” Peerless Insurance Co., 667 A.2d at 787 (emphasis added) (internal quotation marks omitted); see also Howard v. Guidant Mutual Insurance Group, 785 A.2d 561, 562 (R.I.2001) (mem.); Shelby Insurance Co. v. North *21 east Structures, Inc., 767 A.2d 75, 76 (R.I.2001); Progressive Casualty Insurance

2012Under the pleadings test, the trial court must review “the allegations contained in the complaint, and if the pleadings recite facts bringing the injury complained of within the coverage of the insurance policy, the insurer must defend irrespective of the insured’s ultimate liability to the plaintiff.” Peerless Insurance Co., 667 A.2d at 787 (emphasis added) (internal quotation marks omitted); see also Howard v. Guidant Mutual Insurance Group, 785 A.2d 561, 562 (R.I.2001) (mem.); Shelby Insurance Co. v. North *21 east Structures, Inc., 767 A.2d 75, 76 (R.I.2001); Progressive Casualty Insurance

2012Under the pleadings test, the trial court must review “the allegations contained in the complaint, and if the pleadings recite facts bringing the injury complained of within the coverage of the insurance policy, the insurer must defend irrespective of the insured’s ultimate liability to the plaintiff.” Peerless Insurance Co., 667 A.2d at 787 (emphasis added) (internal quotation marks omitted); see also Howard v. Guidant Mutual Insurance Group, 785 A.2d 561, 562 (R.I.2001) (mem.); Shelby Insurance Co. v. North *21 east Structures, Inc., 767 A.2d 75, 76 (R.I.2001); Progressive Casualty Insurance

2005Standard of Review “It is well settled that this Court reviews the granting of a summary judgment motion on a de novo basis.” M & B Realty, Inc. v. Duval, 767 A.2d 60, 63 (R.I.2001) (citing Mart Scaffolding Co. v. Fairground Forms, Inc., 682 A.2d 455, 457 (R.I.1996)).

2005Standard of Review “It is well settled that this Court reviews the granting of a summary judgment motion on a de novo basis.” M & B Realty, Inc. v. Duval, 767 A.2d 60, 63 (R.I.2001) (citing Mart Scaffolding Co. v. Fairground Forms, Inc., 682 A.2d 455, 457 (R.I.1996)).