Allstate Insurance v. United Services Automobile Ass’n

Holding

The question for decision in this case is whether the trial court erred in holding that United Services Automobile Association (USAA) was entitled to contribution from Allstate Insurance Company (Allstate) as a result of USAA’s settlement of a claim for wrongful death brought against an insured under policies issued by both USAA and Allstate.

We hold that Allstate did not share a common obligation with USAA for settlement of the claim for Kyle’s death, and, hence, USAA was not entitled to an award of contribution from Allstate. Accordingly, we will reverse the judgment of the trial court and enter final judgment here in favor of Allstate.