Avera v. Provident Security Life Insurance Co.

ERVIN, Judge.

The appellants (attorneys) appeal the trial court’s ruling granting final summary judgment in favor of the appellees. We hold that there exist genuine issues of material fact as to the appellants’ joint and several liability, and therefore find that summary judgment was improperly granted.

In September 1982, Stanley and Shirley Schofield were injured in an automobile accident. During the pendency of their claim in negligence against the third-party tortfeasor, the Schofields sought medical benefits under a group life insurance and health protection plan issued by Provident…