Rule 2.32. Insurance Coverage Disputes

(A) In any case filed pursuant to the provisions of G.L. 1956 § 28-30-13, involving a dispute regarding coverage under the provisions of a workers' compensation insurance contract, the party seeking review of the insurance contract shall file with the court a petition for determination of an insurance controversy which shall contain: (1) a statement of the claim stating the basis for which the petitioner is entitled to relief, and (2) a prayer setting forth the relief sought by the petitioner. Relief in the alternative or in several different types may be demanded. The petition shall set forth the name, address, email address if known, and agent for service of each respondent.

(B) (1) Upon the filing of the petition, the court shall issue a notice to the petitioner, or his/her attorney of record, stating the name of the judge assigned to hear the matter and the date and time the parties shall appear before the judge for an initial hearing. The petitioner shall effect service of the petition and notice upon each respondent in accordance with W.C.C.-R.P. 1.5.

(2) At the initial hearing, the parties shall be prepared to consider:

(a) the determination of the issues;

(b) any amendments to the pleadings;

(c) the need to add or join additional parties to the action;

(d) any admissions of fact and documents which will be entered by stipulation of the parties;

(e) the names of any expert witnesses; and

(f) such other matters which may aid in the efficient disposition of the action. At the close of the initial hearing, the trial judge shall establish dates for the closing of discovery, the submission of all pretrial memoranda designated by the trial judge, and the date(s) for the trial.

(C) Following the trial on the merits, the trial judge shall render a decision which responds to the petitioner's prayer for relief and prepare an appropriate decree pursuant to W.C.C-R.P.2.20 of these rules.