AUSTIN v. CUNA MUT. LIFE INS. CO.

No. 98-934.

603 N.W.2d 577 (1999)

Susan M. AUSTIN, Appellant, v. CUNA MUTUAL LIFE INSURANCE CO. d/b/a Cuna Mutual Insurance Society, Appellee.

Supreme Court of Iowa.

December 22, 1999.


Attorney(s) appearing for the Case

Richard L. Anderson and Robert S. Lannin of Croker, Huck, Kasher, Dewitt, Anderson & Gonderinger, P.C., Omaha, NE, and Joel J. Yunek of Laird, Heiry, McManigal, Winga, Duffy, Stambaugh, P.L.C., Mason City, for appellant.

Barbara A. Hering and Elizabeth A. Nigut of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellee.

Considered by LARSON, P.J., and LAVORATO, SNELL, CADY, and HARRIS, JJ.


LARSON, Justice.

The plaintiff's fourteen-year-old daughter, Rachel, died during surgery to repair a defective aorta. The plaintiff had an accidental death policy with CUNA Mutual Insurance Company, which refused to pay accidental death benefits. The district court granted summary judgment against the plaintiff, who appealed. We affirm.

I. Facts and Proceedings.

The summary judgment record shows these undisputed facts. Rachel...

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