Legal Opinion

Medical Malpractice Joint Underwriting Association of Rhode Island v. Charlesgate Nursing Center, L.P.

Supreme Court of Rhode Island

Decided June 5, 2015No. 2013-359-AppealPublishedCited by 16 opinions

1Opinion of the Court

OPINION

Chief Justice SUTTELL, for the Court.

This insurance-coverage dispute presents a novel legal question regarding an insurer’s duty to defend that arises from a set of tragic circumstances involving the alleged sexual assault of a nursing home resident. The plaintiff, Medical Malpractice Joint Underwriting Association of Rhode Island (JUA), sought a declaratory judgment from the Superior Court to establish that it owed no duty to defend its insured, Charlesgate Nursing Center, L.P. (Charlesgate), two of Charlesgate’s general partners, and two of its employees (collectively Charlesgate…

2Cases cited17 opinions

  1. King v. Dallas Fire Insurance Co.Texas Supreme Court · 2002
  2. EMPLOYERS'FIRE INSURANCE COMPANY v. BealsSupreme Court of Rhode Island · 1968
  3. Sjogren v. Metropolitan Property & Casualty InsuranceSupreme Court of Rhode Island · 1997
  4. American Commerce Insurance v. PortoSupreme Court of Rhode Island · 2002
  5. Tracie Peloquin, as Administratrix of the Estate of Pearl E. Archambault v. Haven Health Center of Greenville, LLCSupreme Court of Rhode Island · 2013

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3Cited by16 opinions

  1. 5750 Post Road Medical Offices, LLC v. East Greenwich Fire DistrictSupreme Court of Rhode Island · 2016
  2. Marcia Sallum Glassie v. Paul Doucette, in his capacity as of the Estate of Donelson C. Glassie, Jr.Supreme Court of Rhode Island · 2017
  3. Kevin Walsh v. Lend Lease (US) Construction, a/k/a Bovis Lend Lease, Inc. v. Rossi Electric Company, Inc.Supreme Court of Rhode Island · 2017
  4. Roadepot, LLC v. Home Depot, U.S.A., Inc.Supreme Court of Rhode Island · 2017
  5. Ajax Construction Company, Inc. v. Liberty Mutual Insurance CompanySupreme Court of Rhode Island · 2017

11 more not listed; retrieve them via the Exa API.

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