FEDERATED MUT. IMPLEMENT AND HDWE. INS. CO. v. ENG

No. 53997.

178 N.W.2d 321 (1970)

FEDERATED MUTUAL IMPLEMENT AND HARDWARE INSURANCE COMPANY, Appellant, v. Arnold H. ENG, Executor of the Estate of Herman Eng, Deceased, Arnold H. Eng, Donald L. White and Mason City White Truck, Inc., Appellees.

Supreme Court of Iowa.

Rehearing Denied September 2, 1970.


Attorney(s) appearing for the Case

Swisher & Cohrt, Waterloo, for appellant.

Robert C. Moody, Yuma, Ariz., and Zastrow, Noah & Smith, Charles City, for appellees, Arnold H. Eng, individually, and Arnold H. Eng, Executor of the Estate of Herman Eng, deceased.

Brown, Dresser & Kinsey, Mason City, for appellees Donald L. White and Mason City White Truck, Inc.


REES, Justice.

Action for a declaratory judgment brought by appellant insurance company seeking a construction of its policy which provided one Herman Eng, now deceased, with protection against legal liability arising out of his ownership, maintenance or use of a 1962 Chevrolet automobile. The automobile was involved in a collision following death of insured, while being operated by executor of insured's estate. From a decree holding appellant company's policy extends...

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