Nagy v. Lumbermens Mutual Casualty Company

This action of assumpsit brought by the plaintiff on a family automobile policy issued by the defendant is before us for the second time. When the case was first here we overruled the plaintiff’s exception to a decision of a justice of the superior court sustaining the defendant's demurrer to the declaration. Nagy v. Lumbermens Mutual Casualty Co., 100 R. I. 1, 210 A.2d 603. We rested our conclusion on the technical ground that the plaintiff had not included within his declaration the policy provision upon which his claim was predicated. After our opinion in that case the superior court…