United Services Automobile Ass'n v. Litchfield

I respectfully dissent. I disagree with the majority’s conclusion affirming the trial court’s decision. The trial court granted USAA’s motion for summary judgment. The Litchfields appeal. I believe the main issue on appeal concerns whether USAA made a valid offer of UIM coverage. I would hold that USAA did not make a valid offer and reverse the trial court’s ruling.

FACTUAL/PROCEDURAL BACKGROUND

In light of the fact that a determination as to the existence of a valid offer is critical to this case I find it necessary to provide a separate factual statement. In July 1997, USAA issued an…