Contracts Keyed to Murray
Vaskie v. West American Insurance Co.
Facts
On January 1985, Anne Marie Vaskie (Plaintiff) was in a car accident with another car insured by West American Insurance Co. (Defendant). On December 1, 1986, Defendant sent a letter to Plaintiff’s attorney offering $25,000 for Plaintiff’s personal injuries. The letter did not indicate when its offer would terminate. On January 9, 1987, Plaintiff’s attorney accepted Defendant’s offer. Defendant refused to pay on grounds that the statute of limitations on Plaintiff’s claim had run on January 1, 1987. Plaintiff sued for breach of the alleged settlement agreement. Both parties moved for summary judgment. The trial court found in favor of Plaintiff and awarded her $25,000. Defendant appealed, arguing that either judgment should have been rendered in its favor or that factual issues prevented the trial court from entering summary judgment.
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