COLE v. STATE AUTO. & CAS. UNDERWRITERS

No. 64194.

296 N.W.2d 779 (1980)

Loren C. COLE and Kathryn Cole, Appellants, v. STATE AUTOMOBILE & CASUALTY UNDERWRITERS, Appellees.

Supreme Court of Iowa.

September 17, 1980.


Attorney(s) appearing for the Case

Michael E. Runyon, Des Moines, for appellants.

David L. Phipps, of Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, for appellees.

Considered en banc.


HARRIS, Justice.

This appeal is controlled by a choice of law. The question is whether Iowa or Minnesota law should govern an uninsured, hit-and-run motorist provision in an automobile insurance policy. The trial court, applying Iowa law, upheld the provision's exclusion of liability where there is no actual physical contact. We believe Minnesota law should apply and accordingly reverse the trial court.

Plaintiffs, husband and wife, are both residents of Des...

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