TACKER v. AMERICAN FAMILY MUT. INS. CO.

No. 93-1568.

530 N.W.2d 674 (1995)

Charlotte TACKER, Executor of the Estate of Philip W. Tacker, Appellee, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Iowa.

April 26, 1995.


Attorney(s) appearing for the Case

James L. Kramer and Thomas J. Bice of Johnson, Erb, Gibb, Bice & Carlson, P.C., Fort Dodge, for appellant.

Peter J. Leehey and Janece M. Winterhof of Trevino & Leehey, Fort Dodge, for appellee.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, SNELL, and TERNUS, JJ.


NEUMAN, Justice.

This appeal concerns a dispute over coverage available under a homeowner's policy issued by defendant American Family Insurance Company. The claimant, plaintiff Charlotte Tacker, sought and obtained a declaratory judgment that her claim of negligence against the defendant's insured, Kevin Duffy, would—if proven—come within the policy's coverage for personal liability. On appeal, American Family contends that the premises out of which...

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