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Carneiro v. Sentinel Insurance Co., Ltd.

United States District Court, D. Rhode Island

April 16, 2019

MARIO J. CARNEIRO, Plaintiff,
v.
SENTINEL INSURANCE COMPANY, LTD., Defendant.

          MEMORANDUM AND ORDER

          John J. McConnell, Jr. United States District Judge.

         Plaintiff, 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.

         I. BACKGROUND

         Mr. 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.

         The Policy

         Defendant 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.

         The UM/UIM Coverage states, in relevant part:

A. Coverage
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 of'
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 "insureds":
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 ...

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