(a) Notwithstanding any law to the contrary, an insured under any insurance policy as
set out in the general laws or otherwise may bring an action against the insurer issuing
the policy when it is alleged the insurer wrongfully and in bad faith refused to pay
or settle a claim made pursuant to the provisions of the policy, or otherwise wrongfully
and in bad faith refused to timely perform its obligations under the contract of insurance.
In any action brought pursuant to this section, an insured may also make claim for
compensatory damages, punitive damages, and reasonable attorney fees. In all cases
in which there has been no trial in the superior court on or before May 20, 1981,
the question of whether or not an insurer has acted in bad faith in refusing to settle
a claim shall be a question to be determined by the trier of fact.
(b) The provisions of this section shall apply to all actions against insurers which have
been commenced and are pending in any state or federal court on May 20, 1981.
Notes of Decisions
Cited in
51
cases (
9 in the last 5 years), 1984–2026 · leading case:
Skaling v. Aetna Ins., 799 A.2d 997 (R.I. 2002).
Skaling v. Aetna Ins., 799 A.2d 997 (R.I. 2002).
· cites it 8× “LÜ956 § 9-1-33, the statutory codification of the tort of insurer bad faith, that the issue of bad faith is a question of fact to be determined by the fact-finder.”
DeMarco v. Travelers Ins. Co., 26 A.3d 585 (R.I. 2011).
· cites it 6× “2 requiring Travelers to pay interest on the entire amount; [27] count three, alleging breach of contract; count four, alleging bad faith and breach of fiduciary duty pursuant to G.L.1956 § 9-1-33; count five, alleging that Travelers is liable to Mr.”
Cianci v. Nationwide Ins. Co., 659 A.2d 662 (R.I. 1995).
· cites it 14× “G.L. § 9-1-33 against Nationwide Insurance Company, the workers’ compensation carrier, for bad faith concerning the manner in which Mr.”
Robertson Stephens, Inc. v. Chubb Corp., 473 F. Supp. 2d 265 (D.R.I. 2007).
· cites it 14× “1992) (holding that healthcare provider was not an insurer within the meaning of § 9-1-33); LeFranc v. Amica Mut Ins. Co., 594 A.”
Ins. Co. of North Am. v. Kayser-Roth Corp., 770 A.2d 403 (R.I. 2001).
· cites it 3× “, G.L.1956 § 9-1-33 (authorizing reasonable attorneys’ fees upon showing that insurer refused to pay or settle claim in bad faith); § 9-1-45 (authorizing reasonable attorneys’ fees to prevailing party when court finds complete absence of a justiciable issue of law or fact);…”
Trombino v. Transit Cas. Co., 110 F.R.D. 139 (D.R.I. 1986).
· cites it 6× “See R.I.Gen.Laws § 9-1-33. The insurer, spying the presence of diversity of citizenship and the requisite amount in controversy, 28 U.”
Morris v. Highmark Life Ins., 255 F. Supp. 2d 16 (D.R.I. 2003).
· cites it 6× “After unsuccessfully appealing defendant’s decision to deny the benefits through an internal review process, plaintiff brought this action seeking damages and attorneys fees pursuant to R.I. Gen. Laws § 9-1-33 (1997). Plaintiff filed a claim for disability benefits with…”
Richard v. Blue Cross & Blue Shield, 604 A.2d 1260 (R.I. 1992).
· cites it 5× “1956 (1985 Reenactment) § 9-1-33 after Blue Cross terminated coverage for Kathryn’s in-patient treatment at the Institute for Living, a hospital located in Connecticut.”
John S. Pace v. Ins. Co. of North Am., 838 F.2d 572 (1st Cir. 1988).
· cites it 3× “1980), and a year later codified by the Rhode Island legislature as R.I. Gen. Laws § 9-1-33 (1981). 6 The new cause re *579 quires proof of an insurer’s bad faith refusal to deliver payments due under a contract of insurance.”
Labonte v. Nat'l Grange Mut. Ins., 810 A.2d 250 (R.I. 2002).
· cites it 5× “The plaintiff, Michael LaBonte, filed a complaint against the defendant, National Grange Mutual Insurance Company, on counts of bad faith in violation of G.L.1956 § 9-1-33, abuse of process, breach of fiduciary duties, and breach of contract.”
Collins v. Fairways Condos. Ass'n, 592 A.2d 147 (R.I. 1991).
· cites it 4× “1956 (1985 Reenactment) § 9-1-33 claim for bad-faith failure to pay under the insurance policy.”
— R.I. Gen. Laws § 9-1-33(a) — 3 cases
Robertson Stephens, Inc. v. Chubb Corp., 473 F. Supp. 2d 265 (D.R.I. 2007).
“1992) (holding that healthcare provider was not an insurer within the meaning of § 9-1-33); LeFranc v. Amica Mut Ins. Co., 594 A.”
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treatment. Dots show Syfertize treatment of the citing case itself.