Arbitration  |  2d Dist.

 State Farm Fire and
Casualty Company v. Watts Regulator Company, 2016
IL App (2d) 160275 (September 29, 2016) McHenry Co. (JORGENSEN) Affirmed.

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.)