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 also
citation_a.identifier: 2009 WL 1765670, at *7-9
citation_a.parenthetical: ambiguous selection form, with two inconsistent boxes checked, may be interpreted based on unambiguous intent of insured
citation_a.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.
citation_b.signal: see
citation_b.identifier: 263 A.2d 103, 103
citation_b.parenthetical: when intent is undisputed, substantial compliance, rather than hypertechnical compliance, is what is required
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.