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FARM AND CITY INS. CO. v. GILMORE

No. 94-1076.

539 N.W.2d 154 (1995)

FARM AND CITY INSURANCE COMPANY and Gary M. Osweiler, Appellants, v. Charles K. GILMORE, Jeri Gilmore, Lynette Gilmore, A Minor, Heidi L. Gilmore, A Minor, Clint J. Schossow, Frank Tuma, and Bradden J. Tuma, A Minor, Appellees.

Supreme Court of Iowa.

October 25, 1995.

Attorney(s) appearing for the Case

David A. Scott of Cornwall, Avery, Bjornstad & Scott, Spencer, for appellants.

Richard J. Barry of Montgomery, Barry & Bovee, Spencer, for appellees.

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

ANDREASEN, Justice.

Farm and City Insurance Company (Farm & City) appeals a declaratory judgment ordering insurance coverage for personal injuries sustained by passengers in a single-vehicle accident. The accident occurred while the vehicle owned by Gary M. Osweiler (Gary) was being driven by Bradden J. Tuma (Tuma). Farm & City contends there is no liability coverage under an insurance policy it issued to Gary for two reasons: (1) The driver, Tuma, is not...

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