LINETTE v. HANOVER INSURANCE CO.


29 A.D.3d 338 (2006)

814 N.Y.S.2d 608

DOROTA LINETTE, Appellant, v. HANOVER INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 4, 2006.


Plaintiff sought a declaratory judgment in relation to a New Jersey insurance policy providing automobile coverage during her residency in New Jersey. She claims that under New Jersey law, defendant was collaterally estopped from relitigating issues already decided in an underlying personal injury action, where defendant had notice of both the litigation and the trial date, but chose not to intervene.

Collateral estoppel is essentially a procedural concept, and matters...

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