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Verhalen v. Forum Health Management11/3/2000
t although Verhalen argues that notice to MPC regarding claims against Dr. Mayes would somehow serve to put MPC on notice of her claims against Dr. Roberson, Verhalen offered no evidence, only general allegations, that MPC had notice of any potential claim against Dr. Roberson or that MPC even had knowledge that Dr. Roberson was in any way connected to the incident. This argument fails to set forth specific facts which would indicate that there existed a genuine issue for trial. Therefore, for the stated reasons, we conclude that summary judgment in favor of MPC dismissing Verhalen's claims against it is proper as a matter of law.
Verhalen also brings in the alternative her second assignment of error on the issue of whether her claim against MPC had prescribed. We determine that this issue is moot, considering the conclusion that Verhalen's claims fell outside the permissible limitations set by the policy. The issue before the court, as discussed herein, is one regarding the permissibility of policy provisions that limit the time for making a claim under a particular policy of insurance, and not whether such a claim was timely under the law. The prescription of Verhalen's claim against Dr. Roberson, individually, or her claim against MPC, as the insurer of some other party, is not at issue.
Conclusion
Considering the foregoing, we affirm the judgment of the trial court and assess all costs of the appeal to Verhalen.
AFFIRMED.
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