Thomas Vest was killed in an auto accident involving an underinsured motorist, whose insurer tendered its policy limits to Jana Vest. She informed Mr. Vest's insurer, Travelers, of the offer and sought Travelers' authorization to accept the policy limits and demanded that Traveler pay under its own policy for damages over and above those covered by the other insurer. Ms. Vest sued when Traveler did not comply, but the trial court dismissed on grounds the suit was premature. The First District Court affirmed.