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Stotts v. Progressive Classic Insurance Co.11/4/2003
Opinion Vote: REVERSED AND REMANDED.
Lowenstein, P.J., and Smart, J., concur.
Opinion:
Progressive Classic Insurance Company appeals from the circuit court's denial of its motion for summary judgment and the grant of summary judgment to the respondents, Linda Stotts and Rhonda Knouse, on their petition for breach of contract and for vexatious refusal to pay with respect to their claim for uninsured motorist benefits under a motor vehicle policy purchased by Stotts (Stotts policy) from the appellant. The respondents' claim against the appellant arose out of a motor vehicle accident involving Stotts' vehicle and a vehicle driven by Christopher J. Schlosser and owned by Matthew T. James, which resulted in the death of the respondents' mother. The respondents filed a wrongful death suit in the Circuit Court of Clay County against Schlosser, which was settled for $225,000. In addition to seeking damages in their wrongful death action, the respondents also sought payment of benefits under the uninsured motorist coverage provided in the Stotts policy. The appellant denied coverage, resulting in the present action.
The appellant raises two points on appeal. In Point I, it claims that the trial court erred in overruling its motion for summary judgment on the respondents' petition for breach of contract and vexatious refusal to pay, seeking the payment of benefits under the uninsured motorist coverage of the policy, because the summary judgment record shows that the respondents, after an adequate period of discovery, had not produced and would not be able to produce evidence establishing the requisite proof element of its claims that there was coverage under the policy for their claimed loss. The appellant makes the same claim in Point II, except in the context that the trial court erred in sustaining the respondents' motion for summary judgment. In Point I, the appellant claims that to the extent the respondents were relying on a theory of negligent entrustment to establish uninsured motorist coverage, it was entitled to judgment as a matter of law in that it was undisputed from the summary judgment record that the respondents could not show that James, the owner of the vehicle Schlosser was driving in the accident, knew or should have known that Schlosser was an incompetent or careless driver. In Point II, the appellant claims that the respondents were not entitled to summary judgment in that to make a prima facie case for summary judgment on their petition, the respondents were required, but failed, to allege, inter alia, uncontroverted facts demonstrating that the motor vehicle driven by Schlosser was an "uninsured motor vehicle" for purposes of the policy and section 379.203, governing uninsured motor vehicle coverage.
We reverse and remand.FactsOn September 14, 2000, Stotts was operating her vehicle near the intersection of Main Street and N.W. 81st Street in Kansas City, Clay County, Missouri, when it was struck by James' vehicle, which at the time was driven by Schlosser. Stotts' mother, Norma Knouse, who was a passenger in the vehicle, died as a result of the injuries she sustained in the accident. Although Schlosser had a liability policy covering the accident, James did not.
A wrongful death suit was filed by the respondents in the Circuit Court of Clay County against Schlosser for his alleged negligence in operating the James' vehicle. The respondents' claims against Schlosser arising out of the accident were settled by his insurance carrier for $225,000.
At the time of the accident, Stotts had a motor vehicle liability insurance policy issued by the appellant. This policy contained an "uninsured motorist" provision whic
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