Nash v. Carolina Casualty Insurance Co.

HOWELL, Justice.

ON MOTION FOR REHEARING

Our previous opinion is withdrawn. The following is now the opinion of the court.

Plaintiff, Billy Doyle Nash, appeals from a summary judgment granted in favor of defendant, Carolina Casualty Insurance Company (“Carrier”). Plaintiff contends that the trial court erred in granting Carrier’s motion for summary judgment, and in denying his cross-motion. We hold that plaintiff’s tort, contract, DTPA 1 , and Insurance Code 2 claims are barred by limitations and that the claim for attorney’s fees is barred by res judicata. Accordingly, we affirm.

This action…