What Contract Frustration Insurance Requirements Apply in Rhode Island?

In a case applying Rhode Island law, the First Circuit held that 2020 emergency orders substantially frustrated implied contracts for in-person University of Rhode Island instruction and certain in-person student services; it also recognized that remote or adapted services fulfilled other fee promises. For a government-action dispute, preserve the exact advertised or written promise, what the order prevented, when the contract was partly performed, and what substitute performance was delivered. This judicial analysis does not decide whether an insurance policy covers a loss.

What Is Contract Frustration Insurance?

Contract frustration may fit your business when an international contract is exposed to political disruption or government action. If your main risk is a customer who cannot pay, compare trade-credit coverage instead. Read the national Contract frustration guide.

What to Watch for With Contract Frustration in Rhode Island

  • Record the principal service or outcome the contract actually promised

    In Burt v. URI, the First Circuit applying Rhode Island law distinguished the promise of in-person, on-campus instruction and access to facilities from services that URI continued to provide remotely or by adaptation. The court found frustration for specified in-person contracts after emergency orders barred campus access, while concluding that other fee obligations were performed. Preserve the order, contract or catalog language, date the agreement began, and evidence of the service actually received. 1

  • Track partial performance and each substitute separately

    The First Circuit’s analysis required a partially performed contract, a later supervening event whose absence was a fundamental assumption, and substantial frustration of the contract’s principal purpose. In the same case, access to the Memorial Union, fitness center, and shuttle was treated differently from technology and health-service fees. List each deliverable, amount, start and end date, and substitute offered; do not treat all losses during an order as the same contract event. 1

  • If the agreement is a goods purchase, check the buyer’s response window

    Rhode Island’s UCC sections 6A-2-615 and 6A-2-616 concern a seller’s delay or nondelivery under a goods contract after an assumed contingency or good-faith government-order compliance. The seller may have to allocate fairly and notify the buyer seasonably; the buyer may then give written notice to terminate the affected unexecuted delivery or take an available quota. If the buyer does not modify within a reasonable time, no more than 30 days, the affected delivery lapses. This is not a general rule for service contracts. 2,3

Providers With Rhode Island License Records

No provider in our research has both a state license record and a listing for this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Who Regulates Insurance in Rhode Island?

Rhode Island Department of Business Regulation, Insurance Division

The DBR Insurance Division provides an online public verification service for producers, adjusters, surplus-lines brokers, and other licensees, and accepts insurance complaints online. Contact the Division for help determining whether it has authority over a particular policy or dispute. 4,5,6

Surplus-Lines Tax and Stamping Office in Rhode Island

Reported tax rate. 4% of net taxable premium; 2018 filing guide excludes listed broker, carrier and inspection fees 7,8

Rhode Island’s 2024 return applies 4% to net taxable premium (gross premium less returned premium); its 2018 filing guide excludes broker, carrier, and inspection fees from the base. Confirm fee treatment with the Division of Taxation if your bill separates those charges, because no newer official fee-base guidance was located.

Questions to Ask Before You Buy Contract Frustration in Rhode Island

  1. What exact service, event, property use, or other result did the contract promise, and was that promise express or shown by the incorporated description or prior course of dealing?
  2. Which government order applied, when did it prevent performance, and had the parties already partly performed the agreement?
  3. What in-person or other substitute was provided, and does the agreement treat it as equivalent, a partial remedy, or no performance?
  4. If goods were delayed, what written notice did the seller give and by when must the buyer accept an available quota or terminate affected deliveries?

Contract Frustration Insurance in Rhode Island: FAQ

Does a Rhode Island order automatically cancel or excuse every affected contract?

No. In Burt, the First Circuit applying Rhode Island law examined the specific promises, contract stage, scope of government orders, and substitutes delivered. Its results differed among instruction, facility access, and other student-fee obligations. 1

Do Rhode Island UCC §§6A-2-615 and 6A-2-616 cover all contracts?

No. They address goods sellers’ delay or nondelivery and the buyer’s response to that seller notice. They should not be applied automatically to a service, lease, education, or event contract. 2,3

Contract Frustration Insurance Guides for Other States

Other coverage in Rhode IslandEvery coverage guide for Rhode Island, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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