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JOACHIM v. TRAVELERS INS. CO.

No. 07-06-0322-CV.

279 S.W.3d 812 (2008)

Barry L. JOACHIM, Appellant, v. THE TRAVELERS INSURANCE CO., Appellee.

Court of Appeals of Texas, Amarillo.

September 25, 2008.

Attorney(s) appearing for the Case

Stace Williams, The Stace Williams Law Firm P.C., Lubbock, TX, for Appellant.

Jeffery B. Jones, Christopher B. Slayton, Jones Flygare Brown & Wharton, P.C., Lubbock, TX, for Appellee.

Before QUINN, C.J., CAMPBELL, J., and BOYD, S.J.

OPINION

JAMES T. CAMPBELL, Justice.

Barry L. Joachim appeals an adverse summary judgment granted in favor of The Travelers Insurance Company on its affirmative defense of res judicata. Finding Travelers failed to conclusively prove this defense, we reverse and remand.

Background

Joachim filed suit on August 4, 1999, in cause number 99-507,018, against Travelers2 asserting an underinsured motorist claim arising...

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