[DOWNLOAD] "Metroflight v. Surry Shaffer and Shaffer Insurance Agency" by Fifth District, Dallas Court of Civil Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Metroflight v. Surry Shaffer and Shaffer Insurance Agency
- Author : Fifth District, Dallas Court of Civil Appeals of Texas
- Release Date : January 16, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
On this appeal from a summary judgment, the principal question is whether the appellants 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. Metroflight dismissed the federal suit after it accepted an out of court settlement. Metroflight then brought the present suit against its insurance agent, appellee Shaffer, in state court for failure to obtain adequate insurance. Shaffer was granted a summary judgment against Metroflight based upon the election of remedies doctrine. We hold that the trial court properly granted summary judgment in favor of Shaffer because Metroflight is barred by the doctrine enunciated in Lomas & Nettleton Co. v. Huckabee, 558 S.W.2d 863 (Tex.1977) (per curiam). Accordingly, we affirm.