GEICO General Insurance Company v. Fama Diop

Syllabus

The defendant and counterclaim plaintiff, Fama Diop, appealed from a judgment of the Superior Court in favor of the plaintiff and counterclaim defendant, GEICO General Insurance Company, in GEICO's declaratory judgment action seeking to establish its rights and obligations under an automobile insurance policy. On appeal, Ms. Diop argued that the trial justice erred in declaring that the insurance policy limited her recovery to the $50,000 per-person amount rather than the $100,000 per-accident amount. The Supreme Court concluded the Superior Court properly limited Ms. Diop's recovery to the $50,000 per-person amount under the policy pursuant to Allstate Insurance Company v. Pogorilich, 605 A.2d 1318 (R.I. 1992). Accordingly, the Supreme Court affirmed the Superior Court's judgment in favor of GEICO.