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Chandler v. Allied Prop. & Casualty Insurance Co.

Court of Appeals of Missouri, Western District, First Division

June 30, 2014

SHELLY CHANDLER, et al., Appellants,
v.
ALLIED PROPERTY & CASUALTY INSURANCE COMPANY, Respondent

Page 663

Appeal from the Circuit Court of Platte County. The Honorable Owens Lee Hull, Jr., Judge.

Bernard T. Schmitt, Kristen A. Cooke, Michael S. Shipley for appellant.

Kevin E. Myers for respondent.

Before Division One: Alok Ahuja, P.J., and Thomas H. Newton and Anthony Rex Gabbert, JJ. All concur.

OPINION

Alok Ahuja, Judge.

Page 664

Shelly Chandler and Ted Huber (collectively " Chandler" ) are the parents of Alexander Huber, who was killed in an automobile accident while riding as a passenger in a vehicle driven by Steven Jimenez. Chandler obtained a judgment against Jimenez in the amount of $200,000, and sought to recover on the judgment under the insurance policy insuring Jimenez's vehicle. Chandler appeals from a judgment entered by the Circuit Court of Platte County, which found that she was entitled to only $50,000 in bodily injury liability coverage, and $2,000 in medical payments coverage, under the policy. We affirm.

Factual Background

On January 2, 2011, Alexander Huber was killed while riding in the passenger seat of a 2002 BMW driven by Steven Jimenez. The BMW was owned jointly by Jimenez and his mother, Edna Wijnterp. The vehicle was insured by Allied Property & Casualty Insurance Co. under an insurance policy that was issued to Edna Wijnterp and her husband Peter Wijnterp (" the Policy" ). The Policy also insured two other vehicles owned by the Wijnterps, a 1999 Ford Taurus and a 2001 Volvo S60.

On February 10, 2011, Shelly Chandler, Alexander Huber's mother, filed this lawsuit against Jimenez for her son's death. Ted Huber, Alexander Huber's father, later intervened in the case as a plaintiff; Allied was granted leave to intervene as a defendant.

Chandler, Jimenez, and Allied entered an agreement in which Allied would pay $50,000 to Chandler under the Policy's bodily injury liability coverage, and $2,000 under the Policy's medical payments coverage. The parties also agreed that judgment would be entered against Jimenez in the amount of $200,000; Chandler agreed that she would only seek to satisfy the judgment from the proceeds of the Policy. Allied paid the agreed sums to Chandler in December 2011.

The parties disagreed whether the Policy afforded any additional coverage for Alexander Huber's death. Allied argued that the amounts it had already paid represented the applicable per-person bodily injury and medical payments limits of liability: $50,000 and $2,000, respectively. For her part, Chandler argued that the policy limits were three times as high as Allied contended: $150,000 for bodily injury and $6,000 for medical payments.

The parties stipulated to the relevant facts, and filed cross-motions for summary judgment. The trial court entered judgment in favor of Allied, finding that the Policy's per-person limit of liability for bodily injury was $50,000, and that the medical payments coverage was limited to $2,000. Chandler appeals.

Standard of Review

We review the entry of summary judgment de novo. We review the record in the light most favorable to the party against whom judgment was ...

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