Atmed Treatment Center, Inc. v. Travelers Indemnity Co.
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The Supreme Court affirmed in part and vacated in part the order of the superior court granting summary judgment in favor of The Travelers Indemnity Company and denying Atmed Treatment Center's motion for summary judgment, holding that summary judgment was improperly granted on count three of the complaint.
Folosade Olofinlade filed a charge of discrimination with the Rhode Island Commission for Human Rights alleging that Atmed's conduct against her and her brother-in-law constituted discrimination in violation of Title VII of the Civil Rights Act and other state and federal laws. Atmed demanded that Travelers defend it against the claims in accordance with a commercial general liability insurance policy that Atmed held with Travelers. Travelers disclaimed coverage. Thereafter, Olofinlade filed suit. Atmed commenced this action seeking a declaratory judgment that Travelers had a duty to defend Atmed before the Commission and asserting a breach-of-contract claim against Travelers. The trial court granted summary judgment for Travelers as to all counts. The Supreme Court reversed as to count three of the complaint, holding that because Travelers did not request summary judgment as to this count, the trial justice exceeded her authority in granting summary judgment as to that count.
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