State Farm Fire and Casualty Company v. Watts Regulator Company

Plaintiff insurer filed subrogation action to recover payments it made to its insured. Defendant moved to compel arbitration as parties were signatories to Arbitration Forums' Arbitration Agreement. Amendment to Arbitration Agreement unambiguously provides that filing date of insured's claim, rather than event date or date of loss, determines whether claim was subject to compulsory arbitration. Judicial estoppel applies only to inconsistent factual positions, not inconsistent legal positions.(HUTCHINSON and ZENOFF, concurring.)