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IMT INS. CO. v. ROBERTS

No. 85-1860.

401 N.W.2d 228 (1986)

IMT INSURANCE COMPANY, Plaintiff-Appellee, v. Jack D. ROBERTS, Elaine Roberts, and Joel Allan Roberts, Defendants-Appellees, Gregory Paul Roberts, Jeffrey Dean Hawkins, Bernadine Hawkins, Poweshiek County, D & P Tavern, and Stop and Sip Tavern, Defendants, Louis Kaplan, as Administrator of the Estate of Charles Edward Kaplan, Defendant-Appellant.

Court of Appeals of Iowa.

December 23, 1986.

Attorney(s) appearing for the Case

Edward M. Blando and Aldean E. Kainz of Elderkin, Pirnie, Von Lackum & Elderkin, Cedar Rapids, for defendant-appellant.

Douglas R. Oelschlager and Robert D. Houghton of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for plaintiff-appellee IMT.

Bruce L. Braley and David J. Dutton of Mosier, Thomas, Beatty, Dutton, Braun & Staack, Waterloo, for defendants-appellees Roberts.

Heard by SNELL, P.J., and SCHLEGEL and SACKETT, JJ.

SNELL, Presiding Judge.

The plaintiff in this declaratory judgment action, IMT Insurance Company, is the insurer on an insurance policy covering an automobile owned by Jack Roberts. The policy provides that IMT Insurance Company will pay damages arising out of any automobile accident for which a covered person becomes legally liable. The policy defines a "covered person" to be the named insured, Jack Roberts, or any family member. Excluded from the policy's coverage...

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