Legal Opinion
Desjarlais v. USAA Insurance Co.
Supreme Court of Rhode Island
Decided June 9, 2003No. 2002-137-AppealPublishedCited by 12 opinions
1Opinion of the Court
OPINION
FLANDERS, Justice.
Must any derivative claims for loss of consortium, society, and companionship be joined with the underlying personal-injury and the uninsured/underinsured motorist (UIM) claims of any spouse or parent who was injured in an accident (the impaired party)? Or can the impaired party’s spouse and children (the deprived parties) later initiate and maintain one or more separate actions seeking to recover for their alleged loss of consortium and society after the impaired party has settled, arbitrated, or litigated his or her claims?
Unless the deprived parties can…
2Cases cited20 opinions
- Pickering v. American Employers InsuranceSupreme Court of Rhode Island · 1971
- Ueland v. Pengo Hydra-Pull Corp.Washington Supreme Court · 1984
- Hay v. Medical Center Hosp. of VermontSupreme Court of Vermont · 1985
- Weitl v. MoesSupreme Court of Iowa · 1981
- Thill v. Modern Erecting Co.Supreme Court of Minnesota · 1969
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3Cited by12 opinions
- Fiorenzano v. LimaSupreme Court of Rhode Island · 2009
- Jean Ho-Rath v. Rhode Island HospitalSupreme Court of Rhode Island · 2015
- Malinou v. Miriam HospitalSupreme Court of Rhode Island · 2011
- Jean Ho-Rath v. Corning Incorporated Yendee Ho-Rath v. Rhode Island HospitalSupreme Court of Rhode Island · 2022
- Jean Ho-Rath v. Rhode Island HospitalSupreme Court of Rhode Island · 2015
7 more not listed; retrieve them via the Exa API.