BERNAL v. LUMBERMENS MUT. CAS. CO.

No. 02CA0958.

97 P.3d 197 (2003)

Joseph A. BERNAL and Janella Bernal, Plaintiffs-Appellees and Cross-Appellants, v. LUMBERMENS MUTUAL CASUALTY COMPANY, an Illinois corporation, licensed to transact business in Colorado; and Kemper Insurance Companies, an Illinois corporation, f/k/a Kemper National Insurance Companies, Defendants-Appellants and Cross-Appellees, and Pepsi Bottling Company, f/k/a Pepsi Cola Metropolitan Bottling Company, a Delaware corporation, Intervenor-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied February 19, 2004.

Certiorari Denied August 16, 2004.


Attorney(s) appearing for the Case

Law Firm of William Babich, William Babich, Denver, Colorado, for Plaintiffs-Appellees and Cross-Appellants.

White and Steele, P.C., John M. Lebsack, Denver, Colorado, for Defendants-Appellants and Cross-Appellees.

Wheeler Trigg & Kennedy PC, Michael L. O'Donnell, Carolyn J. Fairless, Denver, Colorado, for Intervenor-Appellant and Cross-Appellee.


Opinion by Judge WEBB.

In this declaratory judgment action concerning underinsured motorist benefits, defendants, Lumbermens Mutual Casualty Company and Kemper Insurance Companies, and intervenor, Pepsi Bottling Company, appeal the summary judgment entered in favor of plaintiffs, Joseph A. and Janella Bernal. Plaintiffs cross-appeal the denial of their request for attorney fees. We affirm.

The parties stipulated that Mr. Bernal was injured in a motor vehicle...

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