Raymond C. Romeo v. Allstate Property and Casualty Insurance Company.

Syllabus

The plaintiff, Raymond C. Romeo, appealed from a Superior Court judgment in favor of the defendant, Allstate Property and Casualty Insurance Company (Allstate). On appeal, the plaintiff claimed that the trial justices erred in granting Allstate's motions for summary judgment because, the plaintiff alleged, his initial demand for appraisal was made within the two-year time limitation and therefore was not time-barred.<br><br>The Supreme Court concluded that the Superior Court erred in granting Allstate's motions for summary judgment. The Court concluded that the plaintiff's initial demand for appraisal was not time-barred because it was made sometime before 2011, when the plaintiff filed suit in the initial action, and well within the two-year time limitation period set forth in the policy. The Court explained that Allstate's motion for summary judgment in the first action was granted \without prejudice\ and with the clear understanding that the plaintiff's claim would proceed to appraisal. <br><br>Accordingly, the Supreme Court vacated the judgment of the Superior Court and remanded the case to the Superior Court with direction to vacate the judgment in the first action and order the parties to proceed to appraisal.<br><br>