Jeanne Jackson, of the Estate of Anthony J. Esposito, Jr. v. Quincy Mutual Fire Insurance Company

Citations

• 159 A.3d 610
• 2017 WL 1843873
• 2017 R.I. LEXIS 52

Syllabus

The plaintiff, Jeanne Jackson (plaintiff), as Executrix of the Estate of Anthony J. Esposito, Jr. (decedent), appeals from a grant of summary judgment in favor of the defendant, Quincy Mutual Fire Insurance Company (defendant or Quincy Mutual), in this uninsured motorist claim case. The Superior Court granted summary judgment in favor of Quincy Mutual after concluding that the decedent was \occupying\ his owned-but-not-insured motorcycle at the time of the fatal injury, and therefore, was precluded from recovery under the terms of an automobile policy issued by the defendant. This case was the first occasion on which the Supreme Court interpreted the terms of an automobile policy provision that is designed to exclude an owner from the protections of his policy. In addition, this case was the first occasion on which the Supreme Court was called upon to interpret the policy term \occupying\ in the context of two collisions. The Supreme Court held that summary judgment in favor of the defendant was erroneous because the record evinced genuine issues of material fact. Accordingly, the Supreme Court vacated the judgment of the Superior Court and remanded the case for further proceedings.