7 Rhode Island opinions name it 2 courts 1995–2006 0 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.
| Case | Followed | Cited |
|---|---|---|
Rhode Island Insurers' Insolvency Fund v. Benoitgreen2 sentences2006Id. at 306. 2006Id. § 9. 20 As so interpreted, the statute could be read as follows: any person having a claim against his insurer under any insolvency provision in his insurance policy which arises out of the same incident as a covered claim shall be required to exhaust first his right under such policy. | 1 | 2 |
Ferrari v. Totogreen1 sentence2006See Ferrari v. Toto, 402 N.E.2d 107 , 108-10 (Mass. 1980). 23 Both provisions note that a covered claim shall not include amounts due to an insurance entity "provided, that a claim . . . asserted against a person insured under a policy issued by an insurer which has become an insolvent insurer . . . may be filed directly with the receiver of the insolvent insurer, but in no event may any [of the] claim be asserted against the insured of the insurer. " G.L. 1956 § 37-34-8(ii)(C); Mass. Gen. | 1 | 1 |
Sands v. Pa. Ins. Guaranty Ass'nred2 sentences1999The court in Sands v. Pennsylvania Insurance Guaranty Association, 283 Pa.Super. 217 , 423 A.2d 1224, 1227 (Pa.Super.Ct.1980), interpreting an essentially identical nonduplication provision, held that a claim is a “covered claim” only if it results from the insolvency of an insurer. 1999The court in Sands v. Pennsylvania Insurance Guaranty Association, 283 Pa.Super. 217 , 423 A.2d 1224, 1227 (Pa.Super.Ct.1980), interpreting an essentially identical nonduplication provision, held that a claim is a “covered claim” only if it results from the insolvency of an insurer. | 1 | 1 |
Metropolitan Property & Casualty Insurance v. Tanasiogreen1 sentence1999In Medical Malpractice, we held that the act “imposes upon the fund the duty to protect the interests of its insured in the same manner as would be required of a solvent insurer. *** [A]n insurer has a duty to act in the best interests of its insured in order to protect the insured from excess liability.” 703 A.2d at 1102. | 1 | 1 |
Whitehouse v. Rumford Property & Liability Insurancegreen1 sentence1998See Whitehouse v. Rumford Property and Liability Insurance Co., 658 A.2d 506, 508 (R.I.1995); see also Bassi 661 A.2d at 79 . | 1 | 1 |
Bassi v. Rhode Island Insurers' Insolvency Fundgreen1 sentence1998See Whitehouse v. Rumford Property and Liability Insurance Co., 658 A.2d 506, 508 (R.I.1995); see also Bassi 661 A.2d at 79 . | 1 | 1 |
In re Kayla F.green1 sentence1997At that point, the fund stood in the shoes of the insolvent insurer.” (Emphases added.) Jerry’s Supermarkets, Inc., 692 A.2d at 698. | 1 | 1 |
Matter of Falstaff Brewing Corp.green1 sentence1995In re Falstaff Brewing Corp., 637 A.2d 1047, 1049 (R.I.1994). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Massachusetts Insurers Insolvency Fund v. Ladd
green
1 sentence2006In Massachusetts Insurers Insolvency Fund v. Ladd, 658 N.E.2d 696 (Mass. 1995), the Court found similarly that payments from a health plan and social security did not offset the Mass. Fund's liability. | 1 | 2006–2006 |
Ulwick v. Massachusetts Insurers Insolvency Fund
green
1 sentence2006In Ulwick, 637 N.E.2d at 210 -11 , the Mass. Fund could not offset its liability on a covered claim by disability payments received by claimant from his employer, the City of Melrose. | 1 | 2006–2006 |
Kachanis v. United States
green
1 sentence2001The Fund then reduces the amount payable on a covered claim by the amount received from other sources." Kachanis v. United States of America et al., 844 F. Supp. 877 , 879 (R.I. 1994) (citing § 27-34-12 ). | 1 | 2001–2001 |
Rumford Property & Liability Insurance v. Carbone
green
1 sentence2001The obligation of the Fund to any claimant is statutorily capped at $300,000 per claimant for a covered claim, but apart from that limit, the fund shall "[b]e deemed the insurer to the extent of its obligation on the covered claims and to that extent shall have all of the rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent." Id. at 306 (citing §§ 27-34-8 (a)(1)(iii), 27-34-8 (a)(2)). | 1 | 2001–2001 |
Hunnihan v. Mattatuck Manufacturing Co.
green
1 sentence1998Hunnihan, 705 A.2d at 1014 . | 1 | 1998–1998 |
Union Gesellschaft Fur Metal Industrie Co. v. Illinois Insurance Guaranty Fund
green
1 sentence1995Id. | 1 | 1995–1995 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.