DUNCAN, J.
This case comes to this court for a second time following a hearing in the superior court before Leahy, C.J., "limited to the stated issue" of "whether Lessard's failure to receive the process [in the tort action brought by the plaintiff against the defendants' insured Raymond Lessard] was due to his own unjustifiable action." See Fisk v. Atlantic Nat'l Ins. Co.,
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