New Image Chiropractic, P.C. v Kemper Ins. Co.

Holding The Appellate Term held that a default declaratory judgment against a different insurer had no res judicata or collateral estoppel effect because the plaintiff did not appear in that prior action. Additionally, the court denied the plaintiff’s cross-motion for summary judgment because it failed to submit evidence of the insurer’s address to prove timely mailing of claim forms.

The court’s words

Unitrin's default declaratory judgment against New Image Chiropractic, P.C. has no res judicata effect on this case

2026 NY Slip Op 51306[U], at the official text

New Image Chiropractic, P.C. did not appear in the declaratory judgment action, it did not have a full and fair opportunity to litigate

2026 NY Slip Op 51306[U], at the official text

plaintiff did not submit any evidence of an address for Kemper, and thus failed to establish that the prescribed statutory claim form had been received

2026 NY Slip Op 51306[U], at the official text