Carter v. Allstate Insurance Company

962 S.W.2d 268 (Tex. App. 1998)

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Nature of the Case

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Facts

Carter’s (P) car collided with a car insured by Allstate (D). P hired attorney Onwuteaka to represent them in their claims from the collision. On April 11, 1994, the attorney sent a letter to D for settlement of the claim. D’s adjuster made and accepted an oral settlement. D did not honor the agreement, and P filed suit on May 30, 1998, for breach of contract. D filed for summary judgment based on the Statute of Frauds. P contends that the oral agreement is not governed by the Statute. D claims that it is applicable because the alleged agreement was a promise by another person to answer for the debt, default, or miscarriage of another person. D thus claimed that the agreement was in effect a suretyship agreement. The trial court ruled for D and P appealed.