Rhode Island Ins. Insol. Fund v. New Prime

DECISION

In the matter before this Court, the Rhode Island Insurers' Insolvency Fund ("Plaintiff") and New Prime, Inc. and Prime, Inc. (collectively, "Defendents") bring opposing motions for summary judgment pursuant to Rule 56 of the Rhode Island Rules of Civil Procedure. Both parties move for summary judgment regarding whether payments received by Irene Desautel from her insurers — Casco Indemnity ("Casco") and United Healthcare ("United") — should serve to offset payments necessitated by the insolvency of Defendants' insurer.

FACTS AND TRAVEL

On December 23, 2000, Desautel received injuries…