United States District Court, D. Rhode Island
MARIO J. CARNEIRO, Plaintiff,
SENTINEL INSURANCE COMPANY, LTD., Defendant.
MEMORANDUM AND ORDER
J. McConnell, Jr. United States District Judge.
Mario J. Carneiro, and Defendant, Sentinel Insurance Company,
Limited ("Sentinel") have filed cross motions for
summary judgment. For reasons set forth below, the Court
DENIES Plaintiffs Motion (ECF No. 11) and GRANTS
Defendant's Motion. ECF No. 12.
Carneiro seeks a determination that he is entitled to
uninsured/underinsured motorist coverage under a commercial
auto policy when he was struck by another vehicle while
crossing a street as a pedestrian.
Sentinel issued Special Multi-Flex Policy No. 02 UEC HE2975
for the Policy period of July 8, 2013 to July 8, 2014
("the Policy") to Mario J. Carneiro, CPA Ltd
("the Company"). The Policy provides Commercial
Automobile Coverage to the Company, including an endorsement
providing uninsured and underinsured motorist coverage
("UM/UIM Coverage"). The Named Insured is set forth
in the Declarations as the Company and the scheduled vehicle
is an Audi convertible ("Company vehicle"), owned
by the Company.
UM/UIM Coverage states, in relevant part:
1. We will pay all sums the "insured" is legally
entitled to recover as compensatory damages from the owner or
driver of an "uninsured motor vehicle" because
a. "Bodily injury" sustained by an
"insured" and caused by an "accident"
B. Who Is An Insured
If the Named Insured is designated in the Declarations as:
2. A partnership, limited liability company, corporation or
any other form of organization, then the following are
a. Anyone "occupying" a covered "auto" or
a temporary substitute for a covered "auto"...
b. Anyone for damages he or she is entitled to recover
because of "bodily injury" sustained by another