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MOTOR CLUB OF IOWA INS. v. IOWA MUT. INS.

No. 92-1966.

508 N.W.2d 634 (1993)

MOTOR CLUB OF IOWA INSURANCE COMPANY, Appellant, v. IOWA MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

As Amended December 7, 1993.

Attorney(s) appearing for the Case

Donald H. Gloe of Miller, Pearson, Gloe, Burns, Beatty & Cowie, P.C., Decorah, for appellant.

William C. Fuerste and Michael J. Shubatt of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellee.

Considered by McGIVERIN, C.J., and LARSON, NEUMAN, ANDREASEN, and TERNUS, JJ.

McGIVERIN, Chief Justice.

Plaintiff Motor Club of Iowa Insurance Company (Motor Club) appeals from a declaratory judgment that ruled it was liable for the entire settlement amount of an underinsured motorist (UIM) claim of one of its additional insureds, Randy Luzum. We reverse and remand.

I. Background facts and proceedings. Randy Luzum suffered injuries while riding as a passenger in an underinsured motor vehicle that he did not own and that was not...

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