Dixon v. American Re-Insurance Co.

OPINION

MURRAY, Justice.

This is an appeal from a trial justice’s denial of the defendant’s motion to amend its answer pursuant to Rule 15 of the Superior Court Rules of Civil Procedure. The defendant insurance carrier sought to avoid liability under a certain policy of insurance by amending its answer to specifically include the defense of lack of timely notice of the plaintiffs’ claim against its insured. The trial justice refused to allow the amendment and entered judgment for the plaintiffs. The facts pertinent to this appeal are set out below.

On February 6, 1979, plaintiffs, Thomas Dixon…