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United Specialty Insurance Co. v. Farmers Insurance Exchange

Court: Tx 13- Corpus/Edbrg  10/29/2020  Res Judicata Bars Insurer's Claims Against Its Insured's Indemnitor

The court affirmed a summary judgment for a general contractor, finding that the claims by the insurer for a subcontractor were barred by res judicata because the subcontractor's claims against the general contractor had been dismissed with prejudice following a settlement, the insurer had participated in the settlement negotiations, the insurer was present in the court when the claims were dismissed and no assignment of the claims were made prior to the dismissal.

commercial general liability insurance, indemnity, additional insured, res judicata, construction, ambiguous, ambiguity, extrinsic evidence, oral contract, oral agreement

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