Kamisha Davis v. Texas Farm Bureau Insurance, 470 S.W.3d 97

Kamisha Davis was in a 2009 automobile accident with Texas Farm Bureau Insurance’s insured; she hired attorney Corey Gomel to pursue a personal injury claim.
Settlement negotiations followed: Davis offered $37,500 (April 2011); TFB offered $10,000 (May 2011).
Davis’s attorney sent further offers ($22,500 on June 9, 2011) while TFB maintained a $12,000 valuation (June 10 and June 30, 2011).
A Stowers demand was sent July 28, 2011 demanding policy limits, stating it would be the last settlement correspondence.
Davis did not file suit; in 2012 new counsel authorized acceptance of a $12,000 offer, but TFB denied acceptance, citing expiration.
Davis sued in 2013 asserting breach of contract, promissory estoppel, fraud, and quantum meruit; trial court granted summary judgment for TFB on all raises.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a valid contract existed for settling Davis's claims	Davis claims the June 2011 $12,000 offer remained open after the Stowers counteroffer.	Stowers demand constituted a counteroffer that terminated the June 2011 offer.	No contract; counteroffer terminated offer; judgment affirmed.
Whether promissory estoppel supports Davis's claim	There was a promise to settle for $12,000 and substantial reliance to her detriment.	No definite promise, foreseeability, or substantial reliance proven.	Promissory estoppel not established; judgment affirmed.

Thurmond v. Wieser, 699 S.W.2d 680 (Tex. App.—Waco 1985) (counteroffer terminates original offer)
Blackstone v. Thalman, 949 S.W.2d 470 (Tex. App.—Houston [14th Dist.] 1997) (counteroffer is rejection; offeree’s power ends)
Legal Sec. Life Ins. Co. v. Ward, 373 S.W.2d 693 (Tex. Civ. App.—Austin 1963) (rejection terminates the offer; cannot revive later)
City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (summary-judgment standard; standard for evaluating evidence)
Timpte Indus., Inc. v. Gish, 286 S.W.3d 306 (Tex. 2009) (no-evidence summary judgment standard and review)
Goodyear Tire & Rubber Co. v. Mayes, 236 S.W.3d 754 (Tex. 2007) (evidence sufficiency standard for summary judgment)
Komet v. Graves, 40 S.W.3d 596 (Tex. App.—San Antonio 2001) (contract formation; objective standard for offers/acceptances)
Domingo v. Mitchell, 257 S.W.3d 34 (Tex. App.—Amarillo 2008) (contract formation; objective manifestation of intent)
Wiley v. Bertelsen, 770 S.W.2d 878 (Tex. App.—Texarkana 1989) (contract formation; open offers and counteroffers)
Ortiz v. Collins, 203 S.W.3d 414 (Tex. App.—Houston [14th Dist.] 2006) (reliance must be reasonable and justified; adversarial context)