In Mann v. Old Republic National Title Insurance Co., 975 S.W.2d 347, 349 (Tex. App. 1998), Old Republic National Title Insurance Co. ("Old Republic") filed a declaratory judgment action against Mann, seeking a determination that Mann was excluded from coverage under Old Republic's title insurance policy based on his knowledge of the easements existing on the property he purchased.
Old Republic then filed a motion for summary judgment, arguing that a prior judgment imputed Mann with knowledge of the easements and was therefore binding on this issue. Id.
The trial court granted the motion. Id.
On appeal, Mann argued that the trial court erred in applying offensive nonmutual collateral estoppel without considering the Parklane factors (Parklane Hosiery Co. v. Shore). Id. at 351.
The Court of Appeals of Texas disagreed on the basis that Old Republic's initiation of the declaratory judgment action after receiving a claim from Mann was defensive in nature. Id.
As a result, the court viewed Old Republic's position as plaintiff to be "insignificant" and held that Old Republic's defensive use of collateral estoppel did not require the trial court to consider Parklane factors. Id.