Pennsylvania General Ins. Co. v. Morris
| Decision Date | 10 December 1991 |
| Docket Number | No. 90-572-A,90-572-A |
| Citation | 599 A.2d 1042 |
| Parties | PENNSYLVANIA GENERAL INSURANCE COMPANY v. Russell A. MORRIS. |
| Court | Rhode Island Supreme Court |
This matter comes before the Supreme Court on the appeal of the defendant Russell A. Morris (Morris), from the trial court's grant of summary judgment in favor of the plaintiff, Pennsylvania General Insurance Company (Pennsylvania). We affirm.
Pennsylvania filed a declaratory-judgment action against Morris on January 17, 1989. The trial court granted Pennsylvania's motion for summary judgment on January 24, 1990. On Morris's motion for reconsideration the summary-judgment motion was reheard on May 8, 1990. The motion was again granted, and judgment was entered for Pennsylvania on May 18, 1990. Morris filed a second motion for reconsideration, which the trial court heard and denied on May 30, 1990.
On May 14, 1987, a motor vehicle owned by Arthur Babine and operated by Paul F. Babine (Babine) collided with Morris's motor vehicle. United Services Automobile Association (USAA) insured Babine at the time the accident occurred. A primary policy was issued to Babine by USAA in the sum of $300,000/$500,000 and an excess policy in the sum of $1 million.
Morris filed a civil action against Babine in the Newport County Superior Court (Russell A. Morris v. Paul F. Babine and Arthur Babine, C.A. No. 87-429). Pursuant to a settlement agreement USAA paid Morris the sum of $1.3 million.
Morris then filed a claim for arbitration against Pennsylvania, alleging entitlement to underinsured-motorist benefits. Pennsylvania responded by filing the declaratory-judgment action.
Pennsylvania's complaint sought a judgment that Morris was not eligible to recover under the underinsured-motorist provisions of his insurance policy with Pennsylvania. Specifically Pennsylvania alleged that Babine was not an underinsured-motorist as defined by G.L.1956 (1979 Reenactment) § 27-7-2.1(B), P.L.1986, ch. 334, § 1 because Morris's limits under Pennsylvania's policy were less than the amount Morris recovered from Babine and less than Babine's coverage.
The issue before this court is whether the trial justice erred when he granted Pennsylvania's motion for summary judgment.
As we have stated in the past, when reviewing the trial court's decision to grant summary judgment, the Supreme Court applies the same standard as the trial court. Banks v. Bowen's Landing Corp., 522 A.2d 1222, 1224 (R.I.1987). If after our review of the "pleadings, affidavits, admissions, answers to interrogatories, and other similar matters, viewed in the light most favorable to the opposing party," reveals no issues of material fact and the moving party is entitled to judgment as a matter of law, we shall uphold the trial court's decision granting summary judgment. Id.
Morris argues that the trial court erred when it concluded that Morris is not statutorily entitled to coverage under the policy issued by Pennsylvania. Pennsylvania claims that the trial court properly applied the statute in reaching its decision.
At the time the accident occurred, § 27-7-2.1(B) of Rhode Island General Laws stated:
"An underinsured motorist is the owner or operator of a motor vehicle who carries automobile liability insurance with coverage in an amount less than the limits that persons insured pursuant to this section are legally entitled to recover because of bodily injury, sickness or disease, including death resulting therefrom." (Emphasis added.) P.L.1986, ch....
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