STATE FARM AUTO. INS. CO. v. MALCOLM

No. 59357.

259 N.W.2d 833 (1977)

STATE FARM AUTOMOBILE INSURANCE COMPANY, Appellant, v. Ferris L. MALCOLM, Donna J. Malcolm and AID Insurance Services, Appellees.

Supreme Court of Iowa.

November 23, 1977.


Attorney(s) appearing for the Case

M. Gene Blackburn, of Mitchell, Murray, Blackburn & Coleman, P.C., Fort Dodge, for appellant.

Jerry C. Estes, of Kersten, Opheim, Carlson & Estes, Fort Dodge, for appellees Ferris L. Malcolm and Donna J. Malcolm.

Michael H. Figenshaw, of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellee AID Insurance.

Heard by MOORE, C. J., and MASON, LeGRAND, REYNOLDSON and HARRIS, JJ.


MOORE, Chief Justice.

Plaintiff-insurer appeals judgment sustaining defendants' motion for summary judgment and dismissing its petition for declaratory judgment as to the applicability of an exclusionary clause in an automobile insurance policy. We affirm.

The background of this case can be chronologically summarized as follows. On July 22, 1972, Ferris Malcolm was operating a motor vehicle in the performance of his duties as a rural mail carrier in the employment...

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