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HORNICK v. OWNERS INS. CO.

No. 92-2017.

511 N.W.2d 370 (1993)

Estella L. HORNICK and Merrill David Hornick, Appellees, v. OWNERS INSURANCE COMPANY, Appellant, Milwaukee Guardian Insurance, Inc., Defendant-Appellee, Esther Stephens, Defendant.

Supreme Court of Iowa.

December 22, 1993.

Attorney(s) appearing for the Case

Randall C. Stravers, Pothoven, Blomgren & Stravers, Oskaloosa, for appellant.

J. Terrence Denefe, Kiple, Kiple, Denefe, Beaver & Gardner, Ottumwa, for appellees.

Allen A. Anderson, Spayde, White & Anderson, Oskaloosa, for defendant-appellee.

Considered by HARRIS, P.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.

ANDREASEN, Justice.

Here we must decide if a pedestrian, who was struck and injured by an underinsured negligent motorist, is entitled to underinsured motorist benefits under her husband's automobile liability insurance policy. The district court concluded the injured pedestrian was an insured under the policy and entitled to underinsured motorist coverage. We reverse and remand based on a policy exclusion.

I. Background.

On May 4, 1990, Estella...

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