Supreme Court of Rhode Island

Robert Buttie v. Norfolk & Dedham Mutual Fire Insurance Co.

May 12, 20102010 R.I. LEXIS 61

Summary

The Rhode Island Supreme Court vacated the Superior Court’s confirmation of the arbitration award, finding the arbitrator’s allocation of uninsured‑motorist coverage irrational and a rewrite of the Norfolk policy. The Court ordered a pro‑rata distribution of the Norfolk policy proceeds based on each claimant’s damages and required Travelers to pay the remainder of the Cataldos’ losses. Justice FLAHERTY, in a partial concurrence and dissent, agreed the writ was proper but argued the award should be affirmed.