Goodman v. Turner

OPINION

SHEA, Justice.

This case is here on appeal from an order granting defendants’ motion to dismiss under Rule 12(b)(6) of the Superior Court Rules of Civil Procedure holding that plaintiffs’ return of process was not a “non est inventus” 1 return, a condition precedent to bringing a direct action against an insurer under G.L.1956 (1979 Reenactment) § 27-7-2. 2 Prior to this ruling, however, defend ants' motion for summary judgment based on the same argument had been denied by another Superior Court justice. Because the same issue was presented and decided adversely to defendants in that…