Steven Dulong v. Merrimack Mutual Fire Insurance Company d/b/a The Andover Companies

Syllabus

The plaintiff, Steven Dulong, appealed from a Superior Court judgment denying his request for declaratory judgment and granting summary judgment in favor of the defendant, Merrimack Mutual Fire Insurance Company, doing business as The Andover Companies. On appeal, the plaintiff submitted that the hearing justice erred by finding that an endorsement that did not include as an insured a particular household driver, as well as entrustment of vehicles to that household driver, from personal umbrella liability coverage was valid and binding at the time of an accident between that driver and the plaintiff. The Supreme Court held that the hearing justice did not err in denying the plaintiff's request for declaratory judgment and granting summary judgment in favor of the defendant because the limiting endorsement was properly incorporated by reference to the underlying policy and therefore it was valid and binding at the time of the accident. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.