Claro Gonzales and Tomasa R. Gonzales, by Personal Representative v. Millers Casualty Insurance Company of Texas, a Delaware Corporation

HOLLOWAY, Chief Judge.

Plaintiffs-appellees, Claro Gonzales and the Estate of his deceased wife Tomasa Gonzales, brought this action against Millers Casualty Insurance Company of Texas (Millers) seeking a declaration that they were entitled to underinsured motorist coverage under a Millers automobile insurance policy issued to Claro Gonzales. The district court granted summary judgment on the coverage issue to plaintiffs-appellees in an unpublished Memorandum Opinion and Order and Millers filed a timely appeal. For the reasons stated below, we affirm.

I

The claim of plaintiffs-appellees for…