CLAUDE v. GUARANTY NAT. INS. CO.

No. 03-0554.

679 N.W.2d 659 (2004)

Melissa H. CLAUDE, as Administrator of the Estate of John D. Mahoney and as Administrator of the Estate of Elizabeth A. Mahoney, Appellant, v. GUARANTY NATIONAL INSURANCE COMPANY, d/b/a Orion Auto Insurance, Inc., Appellee.

Supreme Court of Iowa.

May 12, 2004.


Attorney(s) appearing for the Case

John D. Jordan of Payer, Jordan, Mahoney, Jordan, Quinn, Hunziker & Rhodes, L.L.P., Boone, for appellant.

Timothy A. Clausen and Justin L. Seurer of Klass, Stoik, Mugan, Villone, Phillips, Orzechowski, Clausen & Lapierre, L.L.P., Sioux City, for appellee.


TERNUS, Justice.

The plaintiff's petition seeking uninsured motorist benefits for the deaths of her parents was dismissed on the defendant insurer's motion for summary judgment. The district court ruled the decedents' injuries were not caused by a "hit-and-run vehicle" because there was no "actual physical contact" between the decedents' vehicle and the vehicle of the alleged uninsured motorist, as required by the policy definition of "uninsured motor vehicle." The...

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