Miller's Classified v. French ex rel. French, No. ED 92306.

• Court: Missouri Court of Appeals
• Writing for the Court: George W. Draper Iii
• Citation: 295 S.W.3d 524
• Docket Number: No. ED 92306.
• Decision Date: 21 July 2009
• Parties: MILLER'S CLASSIFIED INSURANCE COMPANY, Appellant, v. Aimee J. FRENCH, a minor, by and through her Next Friend, Susan K. FRENCH and James French, Robert Wallace and Lisa Marie Wallace, a minor, by and through her Next Friend Robert Wallace and American Family Mutual Insurance Company, Respondents.

295 S.W.3d 524 MILLER'S CLASSIFIED INSURANCE COMPANY, Appellant,
v.
Aimee J. FRENCH, a minor, by and through her Next Friend, Susan K. FRENCH and James French, Robert Wallace and Lisa Marie Wallace, a minor, by and through her Next Friend Robert Wallace and American Family Mutual Insurance Company, Respondents. No. ED 92306. Missouri Court of Appeals, Eastern District, Division Two. July 21, 2009. Motion for Rehearing and/or Transfer to Supreme Court Denied September 14, 2009. Application for Transfer Denied November 17, 2009.

[295 S.W.3d 525]

Denis C. Burns, St. Louis, MO, for Appellant.

Robert J. Wulff, St. Louis, MO, John D. Rayfield, Crystal City, MO, George J. Miller, Eureka, MO, for Respondent.

OPINION

GEORGE W. DRAPER III, Judge

Miller's Classified Insurance Company (hereinafter, "Miller's") brought this declaratory judgment action to determine whether the exclusionary provisions of its insurance policy relieved it from any duty to defend and provide coverage to its named insured, Robert Wallace (hereinafter, "Father"), for a claim involving a single vehicle accident wherein his daughter was driving. Following discovery, both parties asserted there were no genuine issues of material fact in dispute and each sought summary judgment. The trial court granted summary judgment in favor of Father, finding the provisions of the insurance policy were ambiguous. Miller's brings this two point appeal. We affirm.

In review of summary judgment, we review the record in the light most favorable to the party against whom the judgment was entered. ITT Commercial Finance v. Mid-America Marine, 854 S.W.2d 371, 376 (Mo. banc 1993). We accord the party against whom summary judgment was entered the benefit of every doubt. Korando v. Mallinckrodt, Inc., 239 S.W.3d 647, 648-49 (Mo.App. E.D.2007). Summary judgment is intended to move the parties beyond the petition's allegations and determine if a material fact for trial exists. City Center Redevelopment Corp. v. Foxland, Inc., 180 S.W.3d 13, 15 (Mo.App. E.D.2005); Martin v. City of Washington, 848 S.W.2d 487, 491 (Mo. banc 1993). Appellate review of the grant of summary judgment is purely a question of law and, hence, employs the same criteria as imposed by the trial court in its initial determination of the propriety of the motion.

295 S.W.3d 526

ITT Commercial Finance, 854 S.W.2d at 376.

Summary judgment will be granted as a matter of law to the moving party when there is no genuine issue as to any material fact. Rule 74.04(c)(3). "The moving party bears the burden of establishing a right to judgment as a matter of law." Powel v. Chaminade College Preparatory, Inc., 197 S.W.3d 576, 580 (Mo. banc 2006). Following the moving party's prima facie showing, summary judgment will be granted if the responding party fails to reply with specific facts showing a genuine issue of material fact exists for trial or with a demonstration that judgment as a matter of law is incorrect. Rule 74.04(e). "The interpretation of an insurance policy is a question of law that this Court also determines de novo." Seeck v. Geico General Ins. Co., 212 S.W.3d 129, 132 (Mo. banc 2007).

On August 14, 2003, Father's daughter (hereinafter, "Daughter") was driving a vehicle which was involved in a single vehicle collision. Daughter was fifteen years old at the time of the accident and did not possess a driver's license. Aimee French (hereinafter, "French") was a passenger in the vehicle driven by Daughter. After colliding with a tree, French sustained injuries.

Seeking compensation for her injuries from an uninsured motorist policy due to Daughter's negligent operation of the vehicle, French, by and through her next friend, brought suit against American Family. Father then made a demand upon his auto insurance carrier, Miller's, to provide a defense and indemnify Daughter in the underlying lawsuit.

Miller's issued a reservation of its rights letter...