MILLER v. WESTFIELD INS. CO.

No. 98-73.

606 N.W.2d 301 (2000)

Craig S. MILLER, Sr., Karen Sue Miller, Dani Lee Miller, and Craig S. Miller, Jr., Appellants, v. WESTFIELD INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

Rehearing denied March 13, 2000.


Attorney(s) appearing for the Case

Richard A. Bartolomei of Bartolomei & Lange, P.C., Des Moines, for appellants.

J. Michael Weston and Brenda K. Wallrichs of Moyer & Bergman, P.L.C., Cedar Rapids, for appellee.

Considered en banc.


TERNUS, Justice.

This case concerns the enforceability of an owned-but-not-insured exclusion in the uninsured motorists (UM) coverage of a motor vehicle liability policy. The trial court held that the exclusion was enforceable and precluded the plaintiffs' recovery under the UM coverage. We agree and so affirm.

I. Background Facts and Proceedings.

The facts underlying this case were undisputed by the parties. The plaintiff, Craig S. Miller...

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