Is it possible to sue 2 different parties for the same thing and win both?

Question Details: Insurance Company sues Party A and wins. Could Insurance Company later sue a different party for the same thing if no money has been collected from Party A?

Asked 11/9/2009 under Insurance Law | 254 View(s) | More Legal Topics

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Insurance Law Law Answers

It's possible, but it's far from certain, and if I were counsel for Insurance Company, I'd think the better approach would be to sue both Party A and Party B.

The question probably comes down to whether Party B is an "indispensable party" to the first lawsuit, Ins. Co. vs. Party A.  This might be the case, if Party B's defense to the lawsuit includes (1) "It was Party A's fault," or (2) "Party A has a contract to pay for it even if Ins. Co. can get a judgment against me," or something along those lines, or both.  If Party B was an indispensable party to the first lawsuit, Ins. Co. would not be able to bring the second suit successfully.

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