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Lawrey v. Reliance Insurance Co.9/19/2000
Reliance Insurance Company appeals the summary judgment of the circuit court for the respondent, Robert Lawrey, on his claims against it for payment of uninsured motorist benefits under a motor vehicle liability policy issued by the appellant to ConAgra, Inc., the parent company of respondent's employer, Pueblo Chemical & Supply Co., and for damages and attorney's fees for vexatious refusal to pay under the policy. The loss for which the respondent sought recovery under the policy arose from the bodily injuries he sustained in an on-the-job motor vehicle accident with a phantom driver on July 10, 1990.
The appellant raises two points on appeal. In Point I, it claims that the trial court erred in granting summary judgment to the respondent on his claims because, in doing so, it: (1) failed to fully consider the summary judgment record that was made by the parties and as provided by Rule 74.04; (2) considered matters outside the summary judgment record allowed by Rule 74.04; and (3) prevented the appellant from making a full summary judgment record, as provided by Rule 74.04, by entering judgment without allowing it the mandatory 30 days within which to respond to the respondent's motion for summary judgment, Rule 74.04(c)(2). In Point II, it claims that the trial court erred in not granting its motion for summary judgment on the respondent's claims because, on the undisputed facts, it was entitled to judgment as a matter of law.
We reverse and remand in part for further proceedings, and we dismiss in part.
Facts
On March 11, 1998, the respondent filed a petition against the appellant in the Circuit Court of Jackson County. In his petition, he sought payment under the uninsured motorist coverage of a motor vehicle policy of insurance, policy number NKA1497129-00, issued by the appellant to ConAgra, Inc., the parent company of his employer, Pueblo Chemical Company. The payment he sought was for damages for personal injuries he allegedly sustained as a result of a work-related motor vehicle accident with a phantom driver on July 10, 1990. In addition to seeking payment under the policy, he also sought damages and attorney's fees for vexatious refusal to pay.
On April 24, 1998, the appellant filed a notice of removal to the United States District Court for the Western District of Missouri on the basis of diversity jurisdiction. After removal and the filing of the respondent's petition, the appellant filed its answer, including alleging several affirmative defenses. After partial discovery had been completed, the parties stipulated that the amount in controversy was less than $75,000, exclusive of interest and costs, causing the case to be remanded to the Circuit Court of Jackson County on January 7, 1999. The appellant never re-filed its answer in the circuit court.
On August 5, 1999, the appellant filed its motion for summary judgment as to both of the respondent's claims. On September 3, 1999, the respondent filed a "Cross Motion for Summary Judgment." In his motion, the respondent not only moved for summary judgment on his claims, but also responded to the appellant's motion for summary judgment. As such, rather than simply alleging the undisputed material facts on which he was relying for judgment as a matter of law, as required by Rule 74.04(c), he admitted ten of the appellant's eleven allegations of undisputed material facts, while alleging three additional material facts.
On September 14, 1999, the trial court entered its judgment sustaining the respondent's motion for summary judgment and denying the appellant's. Although not mentioned in the respondent's motion or supporting suggestions, the trial court, i
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