Sunday, January 22, 2017
DOMINIC ANDALORA, ET AL. VS. R.D. MECHANICAL CORP., ET AL. VS. SWIFT CONSTRUCTION, LLC A-3724-14T4
DOMINIC ANDALORA, ET AL. VS. R.D. MECHANICAL
CORP., ET AL. VS. SWIFT CONSTRUCTION, LLC
This case addresses a series of procedural errors in the handling of insurance coverage issues relating to a construction accident lawsuit. Once the injury lawsuit was settled, the general contractor's (gc's) insurer, which had contributed to the settlement under protest, was the real party in interest
with respect to an action seeking reimbursement of its contribution from the subcontractor's insurer. The trial court erred in dismissing, with prejudice, the gc's contractual indemnification lawsuit against the subcontractor. Thereafter, the gc's insurer sued the subcontractor in its own name. On this appeal, the appropriate remedy was to amend the order on appeal to a without-prejudice dismissal, and permit the insurer to pursue its own complaint as subrogee.