Oshana v. FCL Builders, Inc.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 120851
Decision Date: 
June 28, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
LAMPKIN
Holding: 
Reversed.
Identity of cause of action does not exist between declaratory judgment action, whose purpose was to settle controversy of company's status as additional insured before insurer violated any contractual obligation, and company's breach of contract counterclaim against another entity alleged an entirely new cause of action. Thus, counterclaim is not barred by res judicata, as it does not arise out of same core of operative facts as declaratory judgment action. (GORDON and REYES, concurring.)