Penn-America Insurance Co. v. Crittenden

OPINION

FRANKS, J.

In this subrogation action,1 the Trial Judge granted summary judgment to defendants on *232the ground that the doctrine of res judicata barred plaintiffs claim. Plaintiff has appealed, insisting essentially that no cause of action for subrogation arose until payment was actually made, and that procedurally a claim could not be joined in the prior litigation until payment was made.

Following a fire loss to defendants’ property, plaintiff brought a declaratory judgment in the United States District Court at Chattanooga against CLT Partnership and Joe Hollingshead, insureds, and…