PEKIN INS. CO. v. HUGH

No. 92-584.

501 N.W.2d 508 (1993)

PEKIN INSURANCE COMPANY, Appellant, v. Rhiney HUGH, Individually and as Administrator of the Estate of Tabitha E. Hugh, Hope Hugh, Guaranty Bank and Trust Co., Conservator for the Conservatorship of Aubrey Coppes, Appellees.

Supreme Court of Iowa.

June 16, 1993.


Attorney(s) appearing for the Case

John M. Bickel and Diane Kutzko of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for appellant.

John Riccolo and David L. Baker of Riccolo & Baker, P.C., Cedar Rapids, for appellees.

Considered en banc.


LAVORATO, Justice.

In this single-issue appeal, we must decide whether emotional distress arising from a bystander claim constitutes a bodily injury within the meaning of an underinsured provision in an automobile liability policy. The district court thought so and so do we.

The parties stipulated to the facts in this case, so they are undisputed. Pekin Insurance Company issued an automobile policy to Rhiney Hugh. The policy names Rhiney, his wife Hope, their...

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