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AMERICAN STATES INS. CO. v. ESTATE OF TOLLARI

No. 83-1630.

362 N.W.2d 519 (1985)

AMERICAN STATES INSURANCE COMPANY and Badger State Mutual Insurance Company, Plaintiffs, v. ESTATE OF Mark TOLLARI, Patricia Tollari, Administrator, and United Fire & Casualty Company, Defendants. ESTATE OF Mark TOLLARI, Patricia Tollari, Administrator, Cross-Claim Appellant, v. UNITED FIRE & CASUALTY COMPANY, Cross-Claim Appellee.

Supreme Court of Iowa.

Rehearing Denied March 15, 1985.

Attorney(s) appearing for the Case

James E. Van Werden and Randy V. Hefner of Van Werden, Hulse & Hefner, Adel, for appellant.

Ross H. Sidney and Brian L. Campbell of Grefe & Sidney, Des Moines, for appellee.

Considered en banc.

UHLENHOPP, Justice.

The determinative issue in this appeal is whether the district court erred in its construction of "underinsured" in section 516A.1 of the Iowa Code of 1981.

Most of the facts which give rise to the issue are uncontroverted. Randy Schuldt was driving a car near Van Wert, Iowa. An accident occurred, and Schuldt and his five passengers including Mark Tollari were killed. The accident occurred in such way that the Schuldt estate is liable to...

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