RI Motorcycle Accident

For more information concerning Rhode Island Motorcycle Accident lawyer please visit:

http://www.ripersonalinjurylaw.com/motorcycle-accident-insurance/

an article by RI Motorcycle Accident lawyer David Slepkow 401-437-1100
excerpt:

The RI Supreme Court denied uninsured motorist coverage to compensate the beneficiaries of the estate of a man who died as a result of the negligence of an uninsured motorist in a fatal motorcycle accident. The Top Court sustained the Providence Superior Court’s granting of summary judgment in favor of the Insurance Company.

Despite the death of the cyclist, this matter did not come before the Court as a RI wrongful death motorcycle crash cause of action. This case was a declaratory judgment case in which the insurance company was asking the court to declare it owed no duty to compensate the decedent’s wife and estate as a result of the collision.

The RI Supreme Court determined that the Insurance policy exclusion commonly known as the “owned but not insured exclusion” *(policy provision set forth below) precluded uninsured motorist coverage to the estate of the man who died in the bike and car collision.

The Highest Court in RI also determined that the insurance policy was not ambiguous. The Court reasoned that it would be unfair to the insurance company to allow an increased risk for an owned vehicle which was not listed in the contract to be covered without allowing the liability company to increase premiums to account for such risk.

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