McGarry v. Rhode Island Mutual Insurance Company

This is an action of trespass on the case for negligence which is here on the plaintiff’s single exception to the decision of the superior court sustaining a demurrer to his second amended declaration. The demurrer alleged that the declaration did not state a cause of action.

The declaration is in two counts. The first count alleges that it was the duty of defendant to use diligence arid care in the settlement of a claim made against plaintiff for damages as the result of an automobile accident in which he was involved; that defendant negligently refused to settle such claim before and during…