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SIMPSON v. U.S. FIDELITY & GUAR. CO.

No. 96-405.

562 N.W.2d 627 (1997)

Sidney SIMPSON, Appellant, v. UNITED STATES FIDELITY & GUARANTY CO., Appellee.

Supreme Court of Iowa.

Rehearing Denied May 16, 1997.

Attorney(s) appearing for the Case

Christopher D. Spaulding and Phillip Vonderhaar of Hedberg, Ward, Owens & Vonderhaar, Des Moines, for appellant.

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

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

ANDREASEN, Justice.

An employee was seriously injured when he was struck by an uninsured motorist in the course of his employment. The injured employee brought a declaratory judgment action against his employer's insurer, claiming he was an insured legally entitled to recover under the uninsured motorist provisions. After the insurer had filed its answer and counterclaim, both parties filed a motion for summary judgment. The court concluded that the employee was not...

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