Metroflight, Inc. v. Shaffer

AKIN, Justice.

On this appeal from a summary judgment, the principal question is whether the appellant’s cause of action is barred because appellant asserted facts in this suit which were inconsistent with facts asserted against another party in a prior suit, and appellant accepted benefits in settlement of that prior suit. Appellant Metroflight previously sued its insurance carriers in federal court claiming insurance coverage. Metro-flight dismissed the federal suit after it accepted an out of court settlement. Metrof-light then brought the present suit against its insurance agent, appellee…