Moss v. Medical Liability Mutual Insurance

—Yesawich Jr., J.

Appeal from an order of the Supreme Court (Canfield, J.), entered September 23, 1994 in Rensselaer County, which granted defendant’s motion to dismiss the complaint on the ground of, inter alia, res judicata.

Until 1987, plaintiff, a medical doctor, was insured under a policy of professional liability insurance issued by defendant, by the terms of which no action against the insured was to be settled without the latter’s consent. In 1985, 1986 and 1987, three medical malpractice actions were commenced against plaintiff by three separate couples, the Dunns, the Kerrigans and…