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Triton Realty Limited Partnership v. Almeida8/17/2005
DECISION
In this negligence action brought by the owners of the property involved in the tragic Station fire, the plaintiffs seek recovery of damages resulting from the defendants' alleged failure to ensure that their property was insured in accordance with the terms of the plaintiffs' lease with their tenants. Presently before the Court are a motion to dismiss filed by Defendant Burlington Insurance Company ("Burlington") and a motion to intervene filed by Gina Gauvin ("Gauvin").
Triton Realty, Inc. is a Rhode Island corporation with an office in Cranston, Rhode Island. It is the corporate general partner of Triton Realty Limited Partnership, a Rhode Island limited liability partnership also operating out of Cranston, Rhode Island. These parties shall be referred to collectively as "Triton" or "the plaintiffs." George Almeida, Jr., doing business as George Almeida Insurance ("Almeida"), deals in commercial liability, property, and fire insurance in Rhode Island. Sean Lennon ("Lennon") is an insurance agent licensed by the State of Rhode Island and was employed by Almeida at the time of the events giving rise to the present litigation.
According to the complaint filed by Triton, Derco, LLC, Michael Derderian, and Jeffrey Derderian (collectively referred to as "Derco"), who are not parties to the instant action, leased Triton's property at 211 Cowesett Avenue, West Warwick, Rhode Island ("Station property"), where they operated the Station nightclub. The lease allegedly required that Derco maintain adequate property damage and liability insurance for the Station property and that Derco have Triton named as additional insureds under those policies. (Compl. 11-12.) The plaintiffs allege that Derco did procure property and liability insurance covering the Station, through Lennon acting as an agent of Almeida, and charge that these defendants were aware that Derco was a lessee of the Station property, but did not review the lease agreement between Triton and Derco to ascertain the terms of Derco's insurance obligations. Id. at 13. At some point, the plaintiffs allege, Lennon did request that Triton be named as an additional insured on the policies, but the broker for the relevant insurance company, Gresham & Associates, negligently failed to inform the insurance company of the request. Id. at 23-25. Triton was never named as an additional insured under the liability policies purchased by Derco. Id. at 26. The plaintiffs claim that this failure was the result of negligence on the parts of Almeida, Lennon, and Gresham & Associates, and caused them great financial damage.
In a separate count, the plaintiffs maintain that Burlington, from which Derco had purchased a property insurance policy covering the Station property, negligently failed to properly inspect the insured property, and therefore insured it for less than its full value, which caused Triton financial losses when the property was destroyed. Id. at 28. The plaintiffs do not allege that they were named insureds on the Burlington policy.
Burlington's Motion to Dismiss
In lieu of an answer to the plaintiffs' complaint, Burlington has moved to dismiss the one claim asserted against it pursuant to Super R. Civ. P. 12(b)(6), for failure to state a claim upon which relief may be granted. In support of its motion, Burlington advances three arguments. Burlington first asserts that because the plaintiffs were not named insureds on the property insurance policy it issued, it owed no duties to the plaintiffs with respect to that policy. Second, even had the plaintiffs been insured under the policy, Burlington argues that Triton has failed to assert a claim because it would have o
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