Overstreet v. Home Indemnity Co.

SHUMPERT, Justice.

We grant the appellees’ second motion for rehearing, withdraw our opinion of February 1, 1984, and the following is now our opinion.

Melba Sue Overstreet appeals from a summary judgment granted in favor of Home Indemnity Co., in her suit to set aside a decision of the Industrial Accident Board. Overstreet contends that the trial judge erred in granting the summary judgment because there were genuine issues of material facts that precluded Home from establishing its right to judgment as a matter of law under the theory of election of remedies, estoppel, ratification, or…