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Shelter Mut. Ins. Co. v. Bedell

Court of Appeals of Missouri, Southern District, Second Division

April 30, 2015

SHELTER MUTUAL INSURANCE COMPANY, Plaintiff-Respondent,
v.
NICHOLE B. BEDELL, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY. Honorable Michael J. Cordonnier, Circuit Judge.

For Appellant: Bradley L. Bradshaw and Christopher J. Moeller of Springfield, MO.

For Respondent: Scott E. Bellm of Springfield, MO.

GARY W. LYNCH, J. - CONCUR, DON E. BURRELL, J. - CONCUR.

OPINION

JEFFREY W. BATES, P.J.

Page 525

AFFIRMED

Nichole Bedell (Bedell) appeals from a summary judgment in favor of Shelter Mutual Insurance Company (Shelter) on Bedell's claim for uninsured motorist coverage. The trial court granted Shelter's motion after concluding that Bedell was not injured in an accident involving an uninsured motor vehicle. We affirm.

Factual and Procedural Background

In 2010, Bedell lived with her mother in Springfield, Missouri. Bedell owned a Pontiac Grand Am, which was insured by Shelter with a policy period of November 13, 2009 to February 13, 2010. The Grand Am was stolen on January 25, 2010. Bedell reported it as stolen to the Springfield Police Department on February 13, 2010. On February 15, 2010, Bedell reported the Grand Am as stolen to Shelter. That same day, Shelter provided a rented Chrysler 300 to Bedell as a substitute vehicle.

On February 17, 2010, Bedell was driving the Chrysler 300 eastbound on U.S. 160 near Willard in Greene County. Marie Alexander (Alexander), driving a GMC Envoy westbound on U.S. 160, was approaching from the opposite direction. At approximately 1:05 p.m., Alexander's vehicle crossed the center line and collided head-on with Bedell's vehicle (hereinafter referred to as the collision). Bedell suffered multiple injuries from the collision. Bedell and Shelter agree that Alexander was 100% at fault in causing the collision.

Before the collision, the Envoy driven by Alexander had been insured via an automobile liability policy issued by State Farm with a policy period of September 24, 2009 to March 24, 2010. The policy's liability coverage limits were $25,000 per person and $50,000 per accident. Alexander and her former boyfriend, Cody

Page 526

Anderson (Anderson), were named insureds on the policy. At one time, Alexander and Anderson had lived together. Before the collision, however, ...


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