MORITZ v. FARM BUREAU MUT. INS. CO.

No. 88-404.

434 N.W.2d 624 (1989)

Michaela MORITZ, By and Through her legally authorized representatives George MORITZ and Joan Moritz; George Moritz, Individually; and Joan Moritz, Individually, Appellants, v. FARM BUREAU MUTUAL INSURANCE COMPANY, Appellee, John Doe, Defendant.

Supreme Court of Iowa.

January 25, 1989.


Attorney(s) appearing for the Case

Bryan J. Arneson of Bikakis, Vohs, Storm & Arneson, Sioux City, for appellants.

Gale E. Juhl of Morain, Burlingame, Pugh, Juhl & Peyton, West Des Moines, for appellee.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, CARTER and ANDREASEN, JJ.


SCHULTZ, Justice.

An action to enforce the uninsured motorist clause of an automobile insurance policy is the basis for this appeal. The determinant issue is whether an unknown vehicle with an unidentified driver which forced the insured vehicle off of a highway, without contact between the vehicles, is an uninsured motorist under the terms of the policy. In ruling on a motion for summary judgment, the trial court held that contact between the vehicles is a prerequisite...

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