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FT. MADISON BANK v. FARM BUR. MUT. INS.

No. 94-0576.

543 N.W.2d 591 (1996)

FORT MADISON BANK & TRUST COMPANY, As Administrator of the Estate of Berta Boyd, Deceased, Appellant, v. FARM BUREAU MUTUAL INSURANCE COMPANY, Appellee, and George L. NORMAN, As Administrator of the Estate of David Boyd, Deceased, Defendant.

Supreme Court of Iowa.

Rehearing Denied March 8, 1996.

Attorney(s) appearing for the Case

Robert N. Johnson, III, of Saunders, Humphrey, Johnson & Hoyer, Fort Madison, for appellant.

James A. Pugh & David A. McNeill of Morain, Burlingame, Pugh & Koop, West Des Moines, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, LAVORATO, and SNELL, JJ.

McGIVERIN, Chief Justice.

This case involves a dispute over possible offsets to a claim for uninsured motorist benefits. The district court allowed the offsets. The court of appeals did not and ordered the benefits paid to the claimant. We agree with the court of appeals, in part, and reverse the district court.

I. Background facts and proceedings. On July 8, 1990, David and Berta Boyd, husband and wife, were killed in a one-car accident. Both died...

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