Representative Matters

Summit Ins. Co, v Stricklett, 199 A.3d 523 (R.I. 2019) Judgment in favor for Insurer following jury waive trial. (Rhode Island Supreme Court affirmed and held that insurer owes no duty to third party claimants)

Amica Mutual Insurance Co. v Carlos Sical PC- 2013-6474 / Summit Insurance Co. v David Moscarelli PC- 2013-5369 Jury waived trial. (Court found insureds’ personal automobile insurance policies did not provide insurance coverage to policy officers who were involved in automobile accident which occurred during undercover police pursuit.)

George Mathews v Travelers of Massachusetts Providence, RI Superior Court, C.A. No. – 2016 -4145 Jury waived trial. (Court found that insurer did not have a duty to satisfy judgment against its insured who could not be located, and that insurer did not act in bad faith in not defending its insured or offering its policy limits.)

Estate of Anthi Kiamos Marcou v American Commerce Insurance. Co. Providence, RI Superior Court, C.A. No. – 2017 -3207 Summary judgment for insurer ( Court found insurer did not provide Uninsured Motorist Coverage for wrongful death of insured’s spouse.)

RAAC Real Estate Company, Inc. v. Vermont Mutual Insurance Co. Providence, RI Superior Court, C.A. No. – 2019 -3985. Summary judgment for insurer. (Court found insurer did not provide property damage coverage for insured’s claim not commenced within time limits set forth in insurance policy.)

Fontaine v. NLC Insurance Company, RI Supreme Court, C.A. 2010-49-A (2012)
(Judgment in favor for Insurer. Case was appealed from lower court after summary judgment for insurer regarding no coverage for an uninsured motorist claim)

Henderson v. Nationwide Insurance Company, RI Supreme Court, 35 A.3d 902 (RI 2012) (Judgment for Insurer. Case was appealed from lower court after summary judgment for insurer regarding no coverage for an underinsured motorist claim)

Higgins v. Rhode Island Hospital, et al, RI Supreme Court, 35 A.3d 919 (RI 2012) (Judgment for Defendant. Case was appealed from lower court after summary judgment for defendant regarding no liability for a firefighter injured on duty)

DaSilva v. Delima, Kent RI Superior Court, C.A. No. 08-3769 (2012) (Premise liability claim for a scaffolding collapse, settled prior to verdict)

Hilltop Preserve Limited Partnership v. Hodess Building Co. Inc. v. Kim’s Enterprise, Inc., Norfolk MA Superior Court, C.A. No. 2005-00099 (2012) (Defense verdict after a 5-week trial in a $3million construction defect case)

Scottsdale Insurance Company v. Wayne Bitgood, et al, US District Court for the District of RI, C.A. 10-430ML (2011) (Summary Judgment for insurer regarding no coverage for a social club where the plaintiff was severely beaten)

EMC v. Union Mutual of Vermont, Providence RI Superior Court, C.A. No. 09-1731 (2011)
(Summary Judgment for insurer regarding primary insurance coverage for insured management company who had indemnification agreement with condominium association)

Nationwide Mutual Insurance Company vs. DiPippo, et al., Providence RI Superior Court C.A. No. 09-6195 (2011) (Summary Judgment for insurer, no coverage for claims of negligent supervision of employee who sexually assaulted student)

Lantini v. Pawtucket Citizens Corp., Providence, RI Superior Court, C.A. No. 06-5585 (2010)
(Defense verdict, Premises Liability Claim)

Cross v. Eustice & Cornell Funeral Home, Essex, MA Superior Court, C.A. No. D-081753 (2010) (Defense verdict, Premises Liability Claim)

Miller, et al., v. Boss Contractors, et al., Worcester, MA Superior Court , C.A. No. 03-2333B (2009) (Wrongful Death trial which settled while the jury was deliberating)

Estate of Francis Marx v. Rocheleau, et al., Providence, RI Superior Court, C.A. No. 05-6448 (2009) (Wrongful Death trial which settled prior to verdict)

Kaminski v. Commerce Insurance Co., Fall River, MA District Court, C.A. No. 0632CV556 (2008) (Defense verdict, Breach of Contract / Bad Faith Claim)

Bradford v. Commerce Ins. Co., Taunton, MA District Court (2008)
(Defense verdict, Breach of Contract Bad / Faith Claim)

Hassey v. SCU, et al. Bristol, MA Superior Court, C.A. No. 2002-00813
(Defense finding in a construction claim when Plaintiff’s expert was not permitted to testify)

Pryor v. Crellin Handling Equipment, Inc., Bristol, MA Superior Court, C.A. No. BR2006-01209-B (2010) (Summary Judgment for a forklift maintenance claim in serious personal injury claim)

Shilo v. Amica Prop. & Cas. Ins. Co., Providence, RI Superior Court, C.A. No. 07-6940 (2010)
(Summary Judgment for Insurer, no insurable interest in foreclosed property)

Nationwide Mut. Ins. Co. v. St. Aubin, et al., Newport, RI Superior Court, C.A. No. 09-0186 (2010) (Summary Judgment for insurer on business pursuits exclusion)

EMC v. Berberian, et al., Essex Superior Court, C.A. No. 09-0825 (2010)
(Summary Judgment for insurer, no coverage for construction defects)

Edwards v. Gevalia Kaffe, et al., Newport, RI Superior Court, C.A. No. 07-0123 (2009)
(Summary Judgment for product manufacturer and distributor of glass coffee carafe)

Harpool v. NLC, Providence, Superior Court, C.A. 05-4458 (2006)
(Summary Judgment for insurer, underinsured motorist claim)

Other Notable Trials.

Tansly v. Paragon Contracting Corporation, Bristol, MA Superior Court, C.A. 87-1368
(Defense verdict where construction worker sustained a traumatic brain injury in a crane accident)

Lovegreen v. The Battery Shop, Kent, RI Superior Court, C.A. No.93-206
(Successful defense where Plaintiff alleged a permanent spinal injury which Defendant attributed to Multiple Sclerosis)

Shea v. Pro-Tec, Inc., Norfolk, MA Superior Court, C.A. No. 135902
(Defense verdict in a products liability case where plaintiff broke his neck while wearing a hockey helmet)