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Bauer v. Liberty Mutual Insurance Co.12/1/2005
{ } Appellants Mary and Gerald Bauer, individually and as parents to minor Dannielle Bauer, appeal the trial court's granting of summary judgment in favor of appellee Integon General Insurance Corporation ("Integon"). The Bauers set forth the following errors for our review:
"I. The amounts available for payment to Dannielle and Mary from liability insurance are less than their UM/UIM limits, thus, they are entitled to UM/UIM Benefits." "II. Alternatively, the amounts available for payment to Mary under the tortfeasor's policy were less than the UM/UIM limits of her policy with Integon and, therefore, she is entitled to UM/UIM benefits." "III. Any policy language that purports to offset or reduce the availability of UM/UIM benefits is void."
{ } Having reviewed the record and pertinent law, we affirm the decision of the trial court. The apposite facts follow.
{ } The facts are not in dispute. On February 27, 1996, Gerald and Dannielle Bauer were riding in a car operated by Mary Bauer. Mary Bauer made a left turn in front of a car operated by Edward Groves, causing a collision. All three Bauers were injured.
{ } At the time, Mary Bauer had an automobile insurance policy with Integon, which provided bodily injury liability limits of $12,500 per person and $25,000 per accident. The Integon policy provided the same limits for UM/UIM coverage.
{ } Gerald and Dannielle Bauer each made a claim against Mary Bauer, claiming her actions contributed to the accident. Integon paid $12,500 each to Gerald and Dannielle Bauer, totaling $25,000, which represents the aggregate liability policy limit.
{ } All of the Bauers also asserted claims against the other driver, Edward Groves. Mr. Groves had in effect a policy of automobile insurance with Progressive Insurance Company, which provided bodily injury liability limits of $12,500 per person and $25,000 per accident. Progressive paid the aggregate $25,000 liability limit to the Bauers, which consisted of $12,500 to Dannielle Bauer and $6,250 each to Gerald and Mary Bauer.
{ } The Bauers also asserted claims against a third driver, Jack Holman. While Mr. Holman's role in the accident is unclear, State Farm paid $50,000 to the three Bauers jointly.
{ } Thereafter, the Bauers made a claim for UM/UIM benefits under Mary Bauer's policy with Integon. The Integon policy contains UM/UIM coverage provisions with limits of $12,500 per person and $25,000 per accident. Integon denied their claim, asserting that it already paid the $25,000 aggregate liability limit of the policy. The Bauers contended, however, that the aggregate amount is subject to United Health Care's medical liens of $191,995.75 for Dannielle's medical care and $5,937.15 for Mary's medical care.
{ } The Bauers filed a complaint asserting a claim for declaratory relief against Integon, requesting a declaration of the rights and responsibilities of the Bauers and Integon under the policy regarding setting off the medical liens. Integon moved for summary judgment. The trial court granted summary judgment, concluding the Bauers were not entitled to any UM/UIM benefits under the policy because they had already been paid the aggregate policy limit of $25,000 under the liability portion of the policy.
MOTION TO DISMISS APPEAL
{ } Prior to addressing the Bauers' appeal, we will address Integon's argument that this court lacks jurisdiction to consider the appeal because it was untimely filed.
{ } The prior procedural history of the appeal indicates that this court dismissed the Bauers' first attempt to appeal the trial court's award of summary judgment for lack
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