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IOWA KEMPER INS. CO. v. CUNNINGHAM

No. 65528.

305 N.W.2d 467 (1981)

IOWA KEMPER INSURANCE COMPANY, Appellant, v. Joel CUNNINGHAM, Suzanne Cunningham, and Keith A. Cunningham, Appellees.

Supreme Court of Iowa.

May 13, 1981.

Attorney(s) appearing for the Case

Stewart H. M. Lund, Webster City, for appellant.

Richard L. Karr of Karr, Karr & Karr, Webster City, for appellees.

Considered by LeGRAND, P. J., and McCORMICK, ALLBEE, McGIVERIN, and SCHULTZ, JJ.

McCORMICK, Justice.

This case involves a dispute concerning automobile insurance coverage. Plaintiff Iowa Kemper Insurance Company sought a declaratory judgment that a 1972 Ford LTD was not an "owned automobile" under its policy with defendant Keith A. Cunningham on January 24, 1977, when it was in an accident in Webster City. The case was tried to the court on stipulated facts. The trial court held that the automobile was covered by the policy despite assignment...

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