In Memorium – Donald J. P. Sweeney – 1938-2021Please Click Here
30Jan 2024

On January 25th, Partner Neal Thakkar prevailed in the New Jersey Appellate Division in New Jersey Manufacturer’s Ins. Co. v. Lallygone L.L.C., in which the Court affirmed the trial court’s dismissal of the action for failure to state a claim, finding that res judicata precluded an insurer from litigating a subrogation action against a contractor where its insured homeowner, after receiving payment from the insurer for a covered loss, sued in his own right for breach of contract and consumer fraud without notifying the insurer, tried the case, and lost.  The insurer, unaware of the underlying litigation and its outcome, subsequently filed a subrogation action against the contractor.  Although the insurer was never placed on notice of the underlying action, it was nevertheless bound by the no cause verdict against its insured rendered after a full and fair hearing in a court of competent jurisdiction.