§ 27-7-2 - Remedies of injured party against insurer. - Rhode Island Statutes

SECTION 27-7-2

   § 27-7-2  Remedies of injured party againstinsurer. – An injured party, or, in the event of that party's death, the party entitled tosue for that death, in his or her suit against the insured, shall not join theinsurer as a defendant. If the officer serving any process against the insuredshall return that process "non est inventus", or where before suit has beenbrought 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 theinsured died prior to judgment, or where a nonresident had been involved in anautomobile accident in Rhode Island as an operator or owner and died beforesuit has been brought, the injured party, and, in the event of that party'sdeath, the party entitled to sue for that death, may proceed directly againstthe insurer. The injured party, or, in the event of that party's death, theparty entitled to sue for that death, after having obtained judgment againstthe insured alone, may proceed on that judgment in a separate action againstthe insurer; provided, the payment in whole or in part of the liability byeither the insured or the insurer shall, to the extent of the payment, be a barto recovery against the other of the amount paid. The time limitations forfiling such actions shall be governed by the provisions of § 9-1-14 asappropriate, including, but not limited to, any extension of the statute oflimitations for injuries to the person provided by subsection 9-1-14(c).