Barry J. Jacobson, Plaintiff-Appellant-Cross-Appellee v. Fireman's Fund Insurance Company, Defendant-Appellee-Cross-Appellant

JACOBS, Circuit Judge.

Plaintiff Barry J. Jacobson appeals from an April 26, .1996 final judgment of the United States District Court for the Southern District of New York (Schwartz, J.) dismissing his complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Jacobson’s suit alleged that defendant Fireman’s Fund Insurance Company (“Fireman’s Fund”) improperly denied payment of claims under his homeowner’s policy for damage to his residence. The district court held that Jacobson’s action was barred by res judicata…