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R.I. INSURERS' INSOLVENCY FUND v. BENOIT

No. 97-291-Appeal.

723 A.2d 303 (1999)

RHODE ISLAND INSURERS' INSOLVENCY FUND v. Roger T. BENOIT et al.

Supreme Court of Rhode Island.

January 26, 1999.

Attorney(s) appearing for the Case

Joseph C. Tanski, Boston, MA, Stephen P. Maguire, Cranston, Stephen Thomas Morrissey, Wakefield, for plaintiff.

Michael T. Finan, Pawtucket, Richard I. Abrams, Robert J. Dumouchel, Providence, Fred J. Volpe, Kingstown, Patricia M. Watson, for defendant.

Present: WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.

OPINION

LEDERBERG, Justice.

May the Rhode Island Insurers' Insolvency Fund offset the amount due from an insolvent insurer in the event the claimant has not received full compensation for damages? The defendants, Raymond Peltier and Carol Peltier (Peltiers), as individuals and in their capacity as co-administrators of the Estate of Lisa Peltier (estate), have appealed the entry of a summary judgment in favor of the plaintiff, the Rhode Island...

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