Supreme Court
No. 2018-113-Appeal.
(PC 16-5134)
Metropolitan Group Property and Casualty :
Insurance Company et al.
v. :
Sean Killeavy et al. :
ORDER
This case came before the Supreme Court pursuant to an order directing the parties to
appear and show cause why the issues raised in this appeal should not be summarily decided. After
considering the parties’ written and oral submissions and reviewing the record, and in light of our
opinion in Joshua Mello v. Sean Killeavy, No. 2017-198-A., --- A.3d --- (R.I. 2019), we dismiss
this appeal as moot.
On August 17, 2016, the defendants in this case, Sean Killeavy and Joshua Mello, were
working at St. Mary’s Cemetery in Bristol on behalf of Ramsay’s, Inc., a landscaping company.
While Mello was occupying a bathroom stall, Killeavy poured gasoline on the floor and lit a match.
He intended to scare Mello with a minor bang, but Killeavy’s alleged actions ignited a fire and
Mello sustained serious injuries from that fire.
Approximately one month later, Mello filed a civil action against Killeavy, alleging one
count of negligence and seeking compensation for his injuries (the Mello action). See No. PC-
2016-4593. Killeavy sought defense and indemnity coverage from the plaintiffs, Metropolitan
Group Property and Casualty Insurance Company and Metropolitan Property and Casualty
Insurance Company, the companies whose insurance policies insured Killeavy’s parents’ home,
where he resided. The plaintiffs issued a letter denying coverage to Killeavy, but stated that they
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would provide a defense to him under a reservation of rights while they endeavored to obtain a
declaratory judgment from the Superior Court that they were not obligated to either defend or
indemnify him against Mello’s negligence claim. The plaintiffs subsequently filed this declaratory
judgment action in Providence County Superior Court on November 2, 2016.
Thereafter, plaintiffs filed a motion for summary judgment, arguing that they were not
obligated to defend or indemnify Killeavy because the two insurance policies in question (a
homeowners insurance policy and a personal excess liability policy) contained “business
activities” exclusions, specifically excluding coverage for Killeavy for the incident at issue in the
Mello action. Killeavy filed both an objection to plaintiffs’ motion and a cross-motion for
summary judgment. A hearing justice heard arguments on the cross-motions on August 23, 2017,
and rendered a bench decision a week later granting plaintiffs’ motion for summary judgment.
The Superior Court entered an order and a judgment on November 20, 2017, granting
plaintiffs’ motion for summary judgment and entering a declaratory judgment that plaintiffs “owe
no obligation to provide any defense or indemnity coverage to * * * Killeavy, as to [the Mello
action], concerning the incident of August 17, 2016[.]” The judgment also stated that plaintiffs
could stop providing defense coverage for Killeavy. Killeavy timely appealed to this Court.
Killeavy also filed a motion with this Court requesting a stay to the part of the Superior Court’s
judgment permitting plaintiffs to cease providing defense coverage in the Mello action, so
plaintiffs would be required to continue providing defense coverage to Killeavy until this Court
resolved Mello’s appeal from the entry of summary judgment in Killeavy’s favor in the Mello
action. We granted Killeavy’s motion to stay.
In an opinion issued on even date herewith, this Court affirmed the Superior Court
judgment dismissing the Mello action. See Mello, No. 2017-198-A., --- A.3d at ---. The issues
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raised in the instant appeal are therefore moot because there is no longer a cause of action against
which the plaintiffs could defend and indemnify Killeavy. Accordingly, we dismiss this appeal
and remand the record of the case to the Superior Court.1
Entered as an order of this Court on this 23rd day of April, 2019.
By Order,
______________/s/_________________
Clerk
1
During oral argument, counsel represented to the Court that counterclaims are pending in this
case in Superior Court. However, there is no indication in the judgment from which this appeal
was taken that any claims remain pending in the Superior Court.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SUPREME COURT – CLERK’S OFFICE
ORDER COVER SHEET
Metropolitan Group Property and Casualty Insurance
Title of Case
Company et al. v. Sean Killeavy et al.
No. 2018-113-Appeal.
Case Number
(PC 16-5134)
April 23, 2019
Date Order Filed
Suttell, C.J., Goldberg, Flaherty, Robinson, and
Justices
Indeglia, JJ.
Providence County Superior Court
Source of Appeal
Associate Justice Maureen B. Keough
Judicial Officer From Lower Court
For Plaintiffs:
Mary Welsh McBurney, Esq.
Attorney(s) on Appeal For Defendants:
Scott F. Bilecki, Esq.
Ronald J. Resmini, Esq.
SU‐CMS‐02B (revised November 2016)