Charles S. Faber v. Francine A. McVay

Citations

• 155 A.3d 153
• 2017 R.I. LEXIS 31

Syllabus

The plaintiffs, Charles S. Faber, M.D., and Karen M. Faber (collectively, plaintiffs), appeal from a grant of summary judgment in favor of the defendants, Francine A. McVay, Wickford Insurance Agency, Inc., Lauren Albright, Mastors & Servant, Ltd., Judith Gordon, and Marketing Associates Insurance Agency, Inc. (collectively, defendants), on the plaintiffs' claims of insurance malpractice. The Superior Court granted summary judgment on the basis that the plaintiffs' claims were time-barred. On appeal, the plaintiffs argue that the limitation period was tolled under the discovery rule found in G.L. 1956 § 9-1-14.1(2). The Supreme Court held that the operative date of discovery for purpose of § 9-1-14.1(2) is the date that the plaintiffs discovered or with reasonable diligence should have discovered the wrongful conduct of the tortfeasor, as opposed to the date when damages were incurred as a result of the alleged wrongful conduct. The Court was satisfied that the plaintiffs should have discovered the alleged insurance malpractice through updates that were sent in December 2002 and February 2006 that the plaintiffs declined to read. Therefore, the Court determined that the three-year limitation period had elapsed before the plaintiffs filed their action in August 2009. Accordingly, the Court affirmed the judgment of the Superior Court