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MATTER OF ESTATE OF RUCKER

No. 88-669.

442 N.W.2d 113 (1989)

In the Matter of the ESTATE OF Herbert F. RUCKER, Deceased. Roseva RUCKER, Appellee, v. NATIONAL GENERAL INSURANCE COMPANY, Appellant.

Supreme Court of Iowa.

June 14, 1989.

Attorney(s) appearing for the Case

David L. Phipps and Thomas Henderson of Whitfield, Musgrave & Eddy, Des Moines, for appellant.

Brad McCall and Lewis M. Girdner of Brierly, McCall, Girdner, Chalupa, McCall & Otto, Newton, for appellee.

Considered en banc.

ANDREASEN, Justice.

This appeal deals with the developing area of underinsured motorist coverage. Here, we must decide if an insured can be required to fully exhaust the policy limits of the tortfeasor's liability carrier as a precondition to claiming and receiving underinsured motorist benefits. If the insured is permitted to make settlement with the tortfeasor's liability carrier for less than the full policy limits, we must then determine the effect of this settlement...

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