Rhode Island estimates are very similar to Florida estimates. The general rule is that unless the claim is denied for coverage, the parties must consider whether it is requested. Insurers who try to avoid assessment need to state specifically why the dispute is subject to a refusal of declaration and must be disputed.
The Supreme Court of Rhode Island stated the following on the assessment procedure:
[W] I agree that unless the insurer denies coverage for the alleged loss and if the dispute is limited to the size or extent of the loss, the parties are obliged to submit to the assessment procedure.
Furthermore, if a real coverage issue arises, for whatever reason through an ambiguity in the policy or other circumstances not present here, the question may be questioned. However, we argue that in cases where the insurer refuses to submit to the assessment procedure for the benefit of the dispute, the insurer must specifically indicate the policyholder the alleged ambiguity in the policy and explain why the issue is one of the coverage of the loss rather than the amount of the loss. An insured is entitled to a timely and satisfactory notice of the specificity of the dispute, so that the insured can contest the refusal of coverage. In the case of the bar, we believe that Allstate vague claims of "existing damage" were insufficient to insure the policyholder if, and as noted above, was not a genuine attempt to prosecute
Rhode Island Court referred positively to the Florida Assessment Law by stating:
In State Farm Fire and Casualty Co. v. Licea 685, So.2d 1285 (Fla. 1996), the Supreme Court in Florida considered the difference between an extent of the coverage issue and a current amount of loss. The court declared, "where there is a claim for an assessment under the [a] policy, the only defense that insures the insurance company is that there is no coverage policy as a whole or that it has violated the usual political conditions such as fraud, lack of dismissal and lack of cooperation. "… We believe this reasoning is convincing and applicable in the present case.
Rhode Island is a very historic and shipping state. I spent a lot of time in Newport, Rhode Island last summer and prepared for Newport for Bermuda sailing battles. The video above is a priest who says a prayer just before we left. The Almighty protects us, but we should have prayed a little harder or longer because we needed more wind near the target.
If you get a chance, visit Rhode Island. The people from Rhode Island are very friendly and other than sailing in the spring and summer. The first party conference is an educational excuse to explore Rhode Island. This requirement conference will be held outside Providence, Rhode Island on October 14-16. Here is the link for information.
The thought of the day
The pessimist complains about the wind; optimist expects it to change; the realist adjusts the sails.
-William Arthur Ward
1 Hahn v. Allstate Ins. Co. A.3d 1026 (R.I. 2011).