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Jerry's Supermarkets, Inc. v. Rhode Island Insurers' Insolvency Fund

Citations: 692 A.2d 697; 1997 R.I. LEXIS 93; 1997 WL 173191Docket: No. 96-32-Appeal

Court: Supreme Court of Rhode Island; March 18, 1997; Rhode Island; State Supreme Court

Narrative Opinion Summary

The Supreme Court addressed the appeal by Jerry’s Supermarkets, Inc. against the Rhode Island Insurers’ Insolvency Fund concerning the liability for statutory interest following a judgment for food spoilage losses during Hurricane Gloria. Initially, the plaintiff secured a $140,000 judgment against Rumford Property and Liability Insurance Company. Upon the insurer’s insolvency, the insolvency fund assumed responsibility for the appeal. The plaintiff contended that the fund should be liable for statutory interest under the Rhode Island Insurers’ Insolvency Fund Act, as it stood in the insurer's place. Conversely, the fund argued its liability was limited to unpaid claims, excluding interest. The Supreme Court ruled that the fund is not liable for interest stemming from delays prior to insolvency but is responsible for interest from when it assumed the appeal until the judgment was paid. The Court affirmed the Superior Court's decision in part, reversed it in part, and remanded the case to determine the interest owed, allowing for an evidentiary hearing if the parties dispute the fund’s assumption date.

Legal Issues Addressed

Insolvency Fund's Responsibility for Statutory Interest

Application: The insolvency fund must pay statutory interest from the time it took over the appeal until the judgment was satisfied.

Reasoning: However, the Court concluded that the insolvency fund is responsible for paying statutory interest from the time it assumed the appeal until the judgment was paid.

Liability of Insolvency Fund under Rhode Island Insurers’ Insolvency Fund Act

Application: The insolvency fund is not liable for statutory interest arising from delays caused by the insurer’s actions prior to insolvency, but is liable for interest from the time it assumed the appeal.

Reasoning: The Supreme Court found that the purposes of the Act—avoiding delays and financial losses for claimants—would not be served by holding the fund accountable for delays due to the insurer’s pre-insolvency actions.

Procedural Determination of Interest Liability

Application: If the parties cannot agree on the exact timeline of the fund assuming the appeal, an evidentiary hearing may be necessary.

Reasoning: If the parties cannot agree on when the fund assumed the appeal, an evidentiary hearing may be necessary.