Chapter 142

2009 -- S 0257

Enacted 07/16/09

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - INSURANCE

Introduced By: Senator Michael J. McCaffrey

Date Introduced: February 11, 2009

It is enacted by the General Assembly as follows:

SECTION 1. Section 9-1-14 of the General Laws in Chapter 9-1 entitled "Causes of

Action" is hereby amended to read as follows:

9-1-14. Limitation of actions for words spoken or personal injuries. -- (a) Actions for

words spoken shall be commenced and sued within one year next after the words spoken, and not

after.

      (b) Actions for injuries to the person shall be commenced and sued within three (3) years

next after the cause of action shall accrue, and not after, except as provided for otherwise in

subsection (c) herein.

(c) As to an action for personal injuries wherein an injured party is entitled to proceed

against an insurer pursuant to section 27-7-2, where an action is otherwise properly filed against

an insured within the time limitations provided for by this section, and process against the insured

tortfeasor has been returned "non est inventus" and filed with the court, then the statutory

limitation for filing an action under section 27-7-2 directly against an insurer shall be extended an

additional one hundred twenty (120) days after the expiration of the time limitation provided for

in subsection (b) herein.

SECTION 2. Section 27-7-2 of the General Laws in Chapter 27-7 entitled "Liability

Insurance" is hereby amended to read as follows:

27-7-2. Remedies of injured party against insurer. -- An injured party, or, in the event

of that party's death, the party entitled to sue for that death, in his or her suit against the insured,

shall not join the insurer as a defendant. If the officer serving any process against the insured shall

return that process "non est inventus", or where before suit has been brought and probate

proceedings have not been initiated the insured has died, or where a suit is pending against an

insured in his or her own name and the insured died prior to judgment, or where a nonresident

had been involved in an automobile accident in Rhode Island as an operator or owner and died

before suit has been brought, the injured party, and, in the event of that party's death, the party

entitled to sue for that death, may proceed directly against the insurer. The injured party, or, in the

event of that party's death, the party entitled to sue for that death, after having obtained judgment

against the insured alone, may proceed on that judgment in a separate action against the insurer;

provided, the payment in whole or in part of the liability by either the insured or the insurer shall,

to the extent of the payment, be a bar to recovery against the other of the amount paid. The time

limitations for filing such actions shall be governed by the provisions of section 9-1-14 as

appropriate, including, but not limited to, any extension of the statute of limitations for injuries to

the person provided by subsection 9-1-14(c).

SECTION 3. This act shall take effect upon passage and shall apply to any action

pending as of the effective date.

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LC00729

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