Petitpas v. MERCHANTS MUTUAL INSURANCE COMPANY

This is an action of trespass on the case for negligence to recover damages for injuries sustained in an automobile accident. It was brought under G. L. 1956, §27-7-2. That section permits an injured party to proceed directly against an insurer writing a property damage or personal injury liability policy if the process which originally issued against the insured has been returned “non est inventus” by the officer charged with its service. The case was tried to a jury in the superior court which found spe cially that the plaintiff had not made a good faith attempt to obtain service óf process…