Liberty Mutual Insurance v. Employers Insurance

Goolsby, Judge:

The appellant Andrew Shropshire, as Administrator for the Estate of Sadie Shropshire, counterclaimed in an action brought by the respondent Liberty Mutual Insurance Company. The counterclaim alleges that Liberty Mutual fra-dulently prevented the intestate from prevailing on a workers’ compensation claim by asserting a sham defense. The trial court sustained Liberty Mutual’s demurrer to the counterclaim on the ground that the intestate was precluded by a former judgment from relitigating the issue of whether the defense constituted a sham defense. We affirm.

According to the…