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PENZA v. EQUITABLE FIRE & MARINE INSURANCE COMPANY

Ex. No. 9816.

137 A.2d 530 (1958)

Joseph F. PENZA v. EQUITABLE FIRE & MARINE INSURANCE COMPANY.

Supreme Court of Rhode Island.

January 9, 1958.

Attorney(s) appearing for the Case

Aram K. Berberian, Providence, for plaintiff.

William S. Flynn, Christopher J. Brennan, Providence, for defendant.

CONDON, Chief Justice.

This is an action of assumpsit on a contract of insurance which was tried before a justice of the superior court sitting without a jury and resulted in a decision for the defendant. The case is here on the plaintiff's exception to such decision.

It appears from the testimony of plaintiff, who was the only witness at the trial, that on October 27, 1956 he parked his automobile, which was insured...

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