Zurich Insurance v. Amcast Industrial Corp.

Plaintiff Zurich Insurance Company (plaintiff or Zurich) appeals from the judgment of the circuit court of Cook County dismissing its lawsuit as subrogee of Jerome Patrick (the insured or Patrick) against Amcast Industrial Corporation (defendant or Amcast). On appeal, Zurich argues that the trial court erred in finding that its suit to recover for property damage is barred as res judicata due to an earlier suit by Patrick against Amcast for personal injury arising out of the same accident. We reverse.

The initial facts of this case from Zurich’s complaint follow. Zurich is an insurance carrier…