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BELANGER v. SILVA

No. 73-135-Appeal.

331 A.2d 403 (1975)

Joseph BELANGER et ux. v. Armand G. SILVA d.b.a. Maple Hill Nursery v. JOHN J. CLARKE INSURANCE, INC. et al.

Supreme Court of Rhode Island.

February 4, 1975.

Attorney(s) appearing for the Case

Nolan & Dailey, Peter D. Nolan, Leo J. Dailey, for plaintiffs.

Robert R. Afflick, David G. Lussier, for Armand G. Silva;

Hanson, Curran, Bowen & Parks, A. Lauriston Parks, for John J. Clarke Insurance, Inc.

Keenan, Rice, Dolan & Reardon, John F. Dolan, Roderick A.J. Cavanagh, Providence, for Shelby Mutual Ins. Co.

OPINION

ROBERTS, C.J.

This civil action for negligence was brought by Joseph and Viola Belanger in 1970 against Armand G. Silva, doing business as Maple Hill Nursery. Silva commenced a third-party suit against John J. Clarke Insurance, Inc. (Clarke), which joined Shelby Mutual Insurance Company (Shelby) as an additional third-party defendant under Silva's third-party complaint. The action against Clarke is for breach of its agreement with Silva to procure...

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