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PENN-AMERICA INS. CO. v. CRITTENDEN

984 S.W.2d 231 (1998)

PENN-AMERICA INSURANCE CO., Plaintiff-Appellant, v. Edward E. "Jim" CRITTENDEN, Lawrence H. Lassiter, M.D., and David H. Turner, M.D., Individually and d/b/a CLT Partnership, Defendants-Appellees.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

Permission to Appeal Denied January 25, 1999.

Attorney(s) appearing for the Case

Lex A. Coleman, Ruth, McCarthy & Coleman, P.C., Chattanooga, for plaintiff-appellant.

Richard A. Schulman, Patrick, Beard, Schulman & Jacoway, P.C, Chattanooga, for defendants-appellees.

Permission to Appeal Denied by Supreme Court January 25, 1999.

OPINION

FRANKS, J.

In this subrogation action,1 the Trial Judge granted summary judgment to defendants on the ground that the doctrine of res judicata barred plaintiff's claim. Plaintiff has appealed, insisting essentially that no cause of action for subrogation arose until payment was actually made...

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