From the tragic Station Night Club fire came a decision from the Rhode Island Supreme Court discussing R.I. Gen. Laws § 12-28-5. See Derderian v. Essex Ins. Co., 44 A. 3d 122 (R.I. 2012).
As a Rhode Island and Massachusetts car accident attorney, I have noticed that people frequently confuse the scope of uninsured and underinsured motorist protection. As a refresher, an uninsured motorist (“UM”) is someone that owns or operates a motor vehicle without buying an automobile insurance policy. An underinsured motorist (“UIM”) is a motorist whose own auto insurance coverage is insufficient to cover the financial damages caused to another motorist. Rhode Island’s rules governing these protections are set out in §27-7-2.1 and § 31-31-7. Massachusetts’s rules are outlined in G.L. c. 175 §113L.