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GABE'S CONST. v. UNITED CAPITOL INS. CO.

No. 94-1733.

539 N.W.2d 144 (1995)

GABE'S CONSTRUCTION COMPANY, INC., and Continental Casualty Company, Appellees, v. UNITED CAPITOL INSURANCE COMPANY, Appellant.

Supreme Court of Iowa.

October 25, 1995.

Attorney(s) appearing for the Case

Barbara A. Hering and Karl T. Olson of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellant.

Ronald M. Rankin of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, Des Moines, for appellees.

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

ANDREASEN, Justice.

Gabe's Construction Company, Inc. (Gabe) and its insurer Continental Casualty Company (Continental) brought an action against United Capitol Insurance Company (United) seeking reimbursement of amounts Gabe ultimately paid for defense costs and settlement of personal injury claims against Gabe. United refused to defend the personal injury claims because its policy excluded coverage for bodily injury "arising out of" the use of an automobile. The...

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