Rhode Island General Laws
R.I. Gen. Laws § 27-7-2.4 (2026)
Direct action against insurer upon filing for bankruptcy
✓ current as of July 2026
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Any person, having a claim because of damages of any kind caused by the tort of any other person, may file a complaint directly against the liability insurer of the alleged tortfeasor seeking compensation by way of a judgment for money damages whenever the alleged tortfeasor files for bankruptcy, involving a chapter 7 liquidation, a chapter 11 reorganization for the benefit of creditors, or a chapter 13 wage earner plan, provided that the complaining party shall not recover an amount in excess of the insurance coverage available for the tort complained of.
Notes of Decisions
Cited in 10
cases, 1996–2013 · leading case: D'AMICO v. Johnston Partners, 866 A.2d 1222 (R.I. 2005).
D'AMICO v. Johnston Partners, 866 A.2d 1222 (R.I. 2005). “Facts and Procedural History This case calls upon the Court to determine whether a plaintiff seeking to initiate a direct action against a tortfeasor's liability insurance carrier under G.L.1956 § 27-7-2.4 is required to do so prior to the termination of the tortfeasor's…”
Giroux v. Purington Bldg. Sys., Inc., 670 A.2d 1227 (R.I. 1996). “1956 (1989 Reenactment) § 27-7-2.4, Giroux filed a motion on August 16, 1993, to substitute for Inland its insurance carrier, Aetna, as defendant.”
Toledo v. Van Waters & Rogers, Inc., 92 F. Supp. 2d 44 (D.R.I. 2000). “Investors Insurance’s Motion for Summary Judgment Plaintiffs claim against Investors Insurance is brought pursuant to R.I. Gen. Laws § 27-7-2.4 (1998). As stated earlier, Investors Insurance issued a liability policy to Frey, the company that packaged and sealed the chemicals in…”
Tracie Peloquin, as Adm'x of the Est. of Pearl E. Archambault v. Haven Health Ctr. of Greenville, LLC, 61 A.3d 419 (R.I. 2013). “In 2009, plaintiff amended her complaint to add Columbia as a defendant and to assert two counts against Columbia directly, based on G.L.1956 § 27-7-2.4, which permits an injured party to proceed against an insurer when the insured has filed for bankruptcy.”
Lennon v. Dacomed Corp., 901 A.2d 582 (R.I. 2006). “National Union was added to the suit under G.L.1956 § 27-7-2.4 which permits an injured party to substitute a tortfeasor’s liability insurer as a named defendant after the tortfeasor files for bankruptcy.”
Rosciti v. Liberty Mut. Ins., 734 F. Supp. 2d 248 (D.R.I. 2010). “R.I. Gen. Laws § 27-7-2.4. The conflict here springs from the fact that ICSOP is not Monaco’s primary insurer.”
ROSCITI v. Ins. Co. of Pennsylvania, 659 F.3d 92 (1st Cir. 2011). “R.I. Gen. Laws § 27-7-2.4. The Roseitis have never specified the amount of monetary damages they are seeking.”
Peerless Ins. v. Rivera, 208 B.R. 313 (D.R.I. 1997). “*316 Laws § 27-7-2.4. Consequently, in this case, each of the four personal injury claimants may sue Peerless.”
Canavan v. Lovett, Schefrin & Harnett, 745 A.2d 173 (R.I. 2000). “” Lloyd’s also cites § 27-7-2.4, which provides for a direct action against an insurer upon the filing of bankruptcy or other insolvency proceeding by the tortfeasor.”
In re Annie's, Inc., 201 B.R. 29 (Bankr. D.R.I. 1996). “David Rivera argues that under Rhode Island law, R.I. Gen.Laws § 27-7-2.4, he is entitled to name Peerless as the Defendant in his pending lawsuit, or he can sue Peerless in a separate action.”
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