TROPF v. AMERICAN FAMILY MUT. INS. CO.

No. 95-582.

558 N.W.2d 158 (1997)

Robert E. TROPF, Jr., Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

January 22, 1997.


Attorney(s) appearing for the Case

James J. Roth, Dubuque, for appellant.

Ted J. Wallace, Bettendorf, for appellee.

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


TERNUS, Justice.

The issue presented by this case is whether a claimant must be in actual physical contact with the insured vehicle in order to be "occupying" the vehicle within the meaning of a policy defining "occupying" as "in, on, getting into or out of, and in physical contact with" the insured vehicle. We conclude physical contact with the vehicle is a prerequisite to coverage under this definition. Therefore, we vacate a court of appeals decision stating a...

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