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JOHN DEERE INS. v. DE SMET INS. CO.

No. 01-0488.

650 N.W.2d 601 (2002)

JOHN DEERE INSURANCE COMPANY, Appellee, v. DE SMET INSURANCE COMPANY OF SOUTH DAKOTA, Appellant, and Milwaukee Guardian Insurance, Inc., Appellee.

Supreme Court of Iowa.

September 5, 2002.

Attorney(s) appearing for the Case

Michael W. Ellwanger of Rawlings, Nieland, Probasco, Killinger, Ellwanger, Jacobs & Mohrhauser, L.L.P., Sioux City, for appellant.

Alan E. Fredregill of Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra & Prahl, L.L.P., Sioux City, for appellee John Deere Insurance Company.

Daniel L. Hartnett of Crary, Huff, Inkster, Sheehan, Ringgenberg, Hartnett, Storm & Jensen, P.C., Sioux City, for appellee Milwaukee Guardian Insurance, Inc.

NEUMAN, Justice.

This appeal and two cross-appeals challenge the judgment entered by the district court in an action to declare the coverage obligations of three insurance companies following an automobile collision. The principal question is whether an "insured contract" was created between two of the defendants in the underlying litigation so as to alter application of the customary "other insurance" clauses contained in each policy. We conclude the "insured contract...

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