New England Property Services Group, LLC v. NGM Insurance Company

Syllabus

The plaintiff, New England Property Services Group, LLC, appealed from a Superior Court judgment entered in favor of the defendant, NGM Insurance Company, following the grant of the defendant's motion for summary judgment. On appeal, the plaintiff argued (1) that the hearing justice erred in finding that it was not entitled to either a modification of the Appraisal Agreement Award or a second appraisal of the subject insurance claim; and (2) that there existed genuine issues of material fact that precluded summary judgment as to its claims for breach of contract, bad faith, unjust enrichment, and tortious interference with contractual relations. The Supreme Court held that there was no admissible evidence upon which a finder of fact could conclude that there was a miscalculation and that there was no basis to suggest that it was entitled to a second appraisal of the insurance claim. The Court further held that the hearing justice did not err in granting summary judgment for the defendant on the claims for breach of contract, bad faith, unjust enrichment, and tortious interference. Accordingly, the Court affirmed the judgment of the Superior Court.