DeSantis v. Prelle

OPINION

Justice SUTTELL, for the Court.

May an injured party initiate a direct action against a tortfeasor’s insurance carrier under G.L.1956 § 27-7-2 after the expiration of the three-year limitations period applicable to personal injury actions? In the context of this case, the Superior Court relied on clearly established precedents and answered in the negative, thereby granting the insurance carrier’s motion to dismiss the plaintiffs’ complaint under Rule 12(b)(6) of the Superior Court Rules of Civil Procedure for failing to state a claim upon which relief can be granted. Although we treat…