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Commercial Union Insurance Co. v. Pelchat3/24/1999
Justice did not disturb any findings made by the first trial Justice.
The first trial Justice explicitly declined to rule on the issue of the applicability of the slayer's act, explaining that that issue could be litigated in the future, following a judgment in the wrongful death action. The Justice stated, "the Court concludes that should [Raymond] Pelchat's beneficiary status be made an issue by a wrongful death judgment, Commercial Union would not be estopped from litigating the application of the slayer's act to distribution of those benefits." (Emphasis added.) Thus, the law of the case doctrine has no applicability here.
Conclusion
For the foregoing reasons, we deny and dismiss the plaintiff Commercial Union's appeal. Although our rationale differs in part from that of the trial Justice, we affirm the judgment of the Superior Court, to which the papers in this case may be returned.
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