context: While Plaintiffs' position would satisfy the public policy of making whole the victims of underinsured motorists, it otherwise runs contrary to the policy guidance from the Rhode Island Supreme Court.
citation_a.signal: see
citation_a.identifier: 583 A.2d 554, 554
citation_a.parenthetical: courts should avoid interpretation that would impose an "arguably onerous burden on insurers"
citation_a.sentence: See LaFlam, 69 A.3d at 835 (goal of UIM statute to protect insurers from unwarranted claims); Henderson, 35 A.3d at 906 (courts must construe UIM statute in a manner that affords insurers some financial protection); Ferreira, 809 A.2d at 1101 (courts should avoid interpretation that would impose an “arguably onerous burden on insurers”). It flies in the face of the holding that UIM endorsements must be interpreted in light of the benefit to all parties from certainty and predictability, including in the setting of premiums. Streicker, 583 A.2d at 554; see Century Indem. Co., 815 F.Supp.2d at 516. It ignores the Rhode Island Supreme Court’s consistent emphasis on contract principles, including due respect for the intent of the parties.
citation_b.signal: see also
citation_b.identifier: 2009 WL 1765670, at *7-9
citation_b.parenthetical: ambiguous selection form, with two inconsistent boxes checked, may be interpreted based on unambiguous intent of insured
citation_b.sentence: See Dubreuil, 511 A.2d at 302-03; Capuano, 433 A.2d at 956; daSilva, 263 A.2d at 103. It is inconsistent with the well-reasoned holding of the federal court in the Western District of Virginia in Mel ton, which examined a selection form with a similar error. 760 F.Supp.2d at 637-38 (when intent is undisputed, substantial compliance, rather than hypertechnical compliance, is what is required); see also Jefferson, 2009 WL 1765670, at *7-9 (ambiguous selection form, with two inconsistent boxes checked, may be interpreted based on unambiguous intent of insured). Analogous cases from other jurisdictions that ignore intent and impose a hypertechnical UIM selection requirement do not focus on the public policy considerations that the Rhode Island Supreme Court has held must be considered here.