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Stafford v. Allstate Life Insurance Co.10/18/2005
was given the right to purchase an annuity from its affiliate, Allstate Life Insurance Company.
The crux of the present lawsuit lies on the allegation that Allstate engaged in unlawful behavior by forcing Stafford to accept an annuity from one of Allstate's affiliates rather than allowing her to choose where to purchase an annuity to fund her settlement payments. Stafford also alleges that Allstate charged undisclosed fees related to the purchasing of the annuity. Stafford's suit against the Allstate companies alleges violations of the Texas Free Enterprise and Antitrust Act of 1983, the Texas Deceptive Trade Practices Act, and the Texas Insurance Code, as well as conspiracy, unjust enrichment, and conversion. Stafford contends these claims do not fall within the subject matter of the settlement agreement release. We disagree.
A release is an agreement or contract in which one party agrees that a duty or obligation owed by the other party is discharged immediately on the occurrence of a condition. Dresser Indus., Inc. v. Page Petroleum, Inc., 853 S.W.2d 505, 508 (Tex. 1993); Williams v. Glash, 789 S.W.2d 261, 264 (Tex. 1990); Nat'l Union Fire Ins. Co. v. Ins. Co. of N. Am., 955 S.W.2d 120, 127 (Tex. App.---Houston [14th Dist.] 1997), aff'd, Keck, Mahin & Cate v. Nat'l Union Fire Ins. Co., 20 S.W.3d 692 (Tex. 2000). A release extinguishes a claim or cause of action and bars recovery on the released matter. Dresser Indus., 853 S.W.2d at 508. To release a claim effectively, the releasing instrument must "mention" the claim to be released. Victoria Bank & Trust Co. v. Brady, 811 S.W.2d 931, 938 (Tex. 1991). Any claims not "clearly within the subject matter" of the release are not discharged, even if those claims exist when the release is executed. Id. It is not necessary, however, for the parties to anticipate and explicitly identify every potential cause of action relating to the subject matter of the release. Keck, Mahin & Cate, 20 S.W.3d at 698. Although releases generally contemplate claims existing at the time of execution, a valid release may also encompass unknown claims and damages that develop in the future. Id. Like any other agreement, a release is subject to the rules of construction governing contracts, including the tenet that courts will not rewrite agreements to insert provisions parties could have included or to imply restraints for which they have not bargained. Tenneco, Inc. v. Enter. Prods. Co., 925 S.W.2d 640, 646 (Tex. 1996); Williams, 789 S.W.2d at 264. When construing a contract, courts must give effect to the true intentions of the parties as expressed in the written instrument. Lenape Res. Corp. v. Tenn. Gas Pipeline Co., 925 S.W.2d 565, 574 (Tex. 1996). The contract must be read as a whole rather than by isolating a certain phrase, sentence, or section of the agreement. State Farm Life Ins. Co. v. Beaston, 907 S.W.2d 430, 433 (Tex. 1995). The language in a contract is to be given its plain grammatical meaning unless doing so would defeat the parties' intent. DeWitt County Elec. Coop., Inc. v. Parks, 1 S.W.3d 96, 101 (Tex. 1999).
Stafford argues the release is limited to personal injury claims arising out the October 16, 1997, automobile accident. In support of this, Stafford points to language in the release that states it is limited to claims which accrue, "on account of, or in any way growing out of, or which are the subject of, the Complaint."
By its language, the release applies to, "any and all past, present or future claims, . . . whether based on a tort, contract or other theory of recovery, . . . which may hereafter accrue or otherwise be acquired on account of, or in any way growing out of, or which are the subject of the Compla
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