The circumstances out of which this case arose are the same as those giving rise to Old Colony Co-operative Bank v. Nationwide Mut. Ins. Co., 114 R. I. 289, 332 A.2d 434 (1975). The issues in the two are identical, and consequently the decision in the latter case which was handed down today controls in this case. The defendant’s appeal is denied and dismissed, the judgment appealed from is affirmed, and the case is remitted to the Superior Court for further proceedings.