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UNITED FIRE & CAS. CO. v. ACKER

No. 94-1413.

541 N.W.2d 517 (1995)

UNITED FIRE & CASUALTY COMPANY, Appellee, v. Roger D. ACKER, Brett Spengler, Larry T. McDowell, a/k/a Larry Holloday, d/b/a Big River Harley Davidson, Fusako K. McDowell, a/k/a Fusako Holloday, John Jamison, Unknown Claimants Against Big River Harley Davidson, Motor Vehicle Dealer's Bond # 55-111095, State of Iowa, ex rel. Iowa Department of Transportation, Dealer License Bureau, Defendants, Elworth Harley Davidson Sales & Service, Inc., Appellant.

Supreme Court of Iowa.

December 20, 1995.

Attorney(s) appearing for the Case

Jay T. Schweitzer and Timothy K. Wink of Schweitzer & Wink Law Offices, Columbus Junction, for appellant.

Kevin P. Shea of the Shea Law Offices, Cedar Rapids, for appellee.

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

LAVORATO, Justice.

In this declaratory judgment action, we are asked to define the scope of our retail motor vehicle surety bond statute, Iowa Code section 322.4(7) (1991). We must decide whether the "any person" language in this section indemnifies a motor vehicle dealer who purchases at wholesale from another dealer and then suffers a loss. The district court concluded only consumers are indemnified under the statute. The court then granted summary judgment to the...

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