Wings & Wheels Express, Inc. v. Sisak

This motion by the third-party defendant to dismiss the third-party complaint raises two issues: (1) whether the third-party plaintiff’s failure to serve all prior pleadings with the third-party summons and complaint is a jurisdictional defect; and (2) whether defendant, being sued as plaintiff’s former insurance broker for, among other things, negligent failure to obtain insurance covering a loss sustained by the plaintiff, can implead plaintiff’s subsequent insurance broker on the basis of the latter’s similar negligence prior to the loss. The third-party plaintiff cross-moves to amend the…