Allstate Insurance Co. v. Vaccaro

Supreme Court of Rhode Island

Allstate Insurance Co. v. Vaccaro

460 A.2d 22, 1983 R.I. LEXIS 1001

CourtSupreme Court of Rhode Island

DecidedMay 20, 1983

DocketNo. 82-477-Appeal

StatusPublished

This text of 460 A.2d 22 (Allstate Insurance Co. v. Vaccaro) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allstate Insurance Co. v. Vaccaro, 460 A.2d 22, 1983 R.I. LEXIS 1001 (R.I. 1983).

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Opinion

ORDER

This case came before a hearing panel of this court on May 17, 1983 pursuant to an order directed to both parties to show cause why this appeal should not be summarily decided. After hearing the arguments of counsel and examining the memoranda filed, we are of the opinion that the judgment dismissing the plaintiffs complaint pursuant to Super.R.Civ.P. 12(b)(6) was erroneous. The allegations of the complaint clearly raised a question of fact concerning actual notice. Therefore, the necessary predicate for granting of a motion to dismiss was not established. Bragg v. Warwick Shoppers World, Inc., 102 R.I. 8, 227 A.2d 582 (1967). Consequently, the plaintiff’s appeal is sustained, the judgment of the Superior Court is vacated, and the papers in the case may be remanded to the Superior Court for further proceedings.

REVILACQUA, C.J., and MURRAY, J., did not participate.

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ORDER

This case came before a hearing panel of this court on May 17, 1983 pursuant to an order directed to both parties to show cause why this appeal should not be summarily decided. After hearing the arguments of counsel and examining the memoranda filed, we are of the opinion that the judgment dismissing the plaintiffs complaint pursuant to Super.R.Civ.P. 12(b)(6) was erroneous. The allegations of the complaint clearly raised a question of fact concerning actual notice. Therefore, the necessary predicate for granting of a motion to dismiss was not established. Bragg v. Warwick Shoppers World, Inc., 102 R.I. 8, 227 A.2d 582 (1967). Consequently, the plaintiff’s appeal is sustained, the judgment of the Superior Court is vacated, and the papers in the case may be remanded to the Superior Court for further proceedings.

REVILACQUA, C.J., and MURRAY, J., did not participate.

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Bluebook (online)

460 A.2d 22, 1983 R.I. LEXIS 1001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-co-v-vaccaro-ri-1983.

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