Nationwide-Southeast, Inc. v. American Interstate Insurance

270 F. App'x 781

Opinion

PER CURIAM:

After review and oral argument, we affirm the district court’s June 18, 2007 order granting summary judgment to defendant American Interstate Insurance Co. (“American Interstate”). Nationwide-Southeast’s (“Nationwide”) claims are barred by the doctrine of res judicata, as they were compulsory counterclaims in American Interstate’s 2004 state action to recover premiums. See Johnson v. First Carolina Fin. Corp., 200 Ga.App. 340, 341, 408 S.E.2d 151, 153 (1991) (finding that res judicata bars the filing of claims which should have been pled as compulsory counterclaims in a prior suit). The claims brought by Nationwide in this action are “logically related” to the claims asserted in American Interstate’s 2004 action, and arise out of the same “transaction or occurrence.” See P & J Truck Lines, Inc. v. Canal Ins. Co., 148 Ga.App. 3, 4, 251 S.E.2d 72, 73 (1978); Ga.Code Ann. § 9-ll-13(a) (providing that a counterclaim is compulsory “if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim.... ”); Allstate Ins. Co. v. Welch, 259 Ga.App. 71, 73, 576 S.E.2d 57, 59 (2003) (“Any claim that is logically related to another claim that is being sued on is properly the basis for a compulsory counterclaim.”).

AFFIRMED.