Bernal v. Lumbermens Mutual Casualty Co.

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 accident while driving a truck registered to Pepsi and insured by Lumbermens in Colorado, where the accident occurred; that he was then an…