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Cunningham v. Goettl Air Conditioning Inc.5/19/1999
opportunity to assume or participate in WSI's defense, and WSI defended the action with due diligence and reasonable prudence, Goettl is now barred from disputing the existence and extent of WSI's liability to Cunningham and from relitigating issues decided in the WSI-Cunningham litigation. See Restatement (Second) of Judgments § 57(1). Goettl must indemnify WSI's assignee, the Cunninghams, the amount of actual liability incurred by WSI.
III.
For the foregoing reasons, we vacate the opinion of the court of appeals, remand to the court of appeals for a determination of the attorneys' fees and interest issues raised on appeal, and reinstate summary judgment in favor of the Cunninghams in the amount of $90,000.
Ruth V. McGregor, Justice
CONCURRING:
Thomas A. Zlaket, Chief Justice Charles E. Jones, Vice Chief Justice Stanley G. Feldman, Justice Frederick J. Martone, Justice
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