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NATIONWIDE PROPERTY v. D.F. PEPPER CONST.

No. 2011-308-Appeal.

59 A.3d 106 (2013)

NATIONWIDE PROPERTY & CASUALTY INSURANCE COMPANY as subrogee of Dean F. Pepper v. D.F. PEPPER CONSTRUCTION, INC.

Supreme Court of Rhode Island.

January 28, 2013.

Attorney(s) appearing for the Case

Kevin S. Cotter, Esq. , Providence, for Plaintiff.

Brian C. Newberry, Esq. , for Defendant.

Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.

OPINION

Chief Justice SUTTELL, for the Court.

The defendant, D.F. Pepper Construction, Inc. (DFP Inc.) appeals from both the Superior Court's denial of its motion for summary judgment and from its grant of judgment, after a bench trial, in favor of the plaintiff, Nationwide Property and Casualty Insurance Company (Nationwide) in the amount of $283,964.27. Specifically, the defendant asserts that the trial justice erred in finding that Dean Pepper was

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