NATIONWIDE MUT. INS. CO. v. KELLY

No. 03-1820.

687 N.W.2d 272 (2004)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Daniel KELLY, Appellee.

Supreme Court of Iowa.

September 1, 2004.


Attorney(s) appearing for the Case

Joel J. Yunek of Laird, Heiny, McManigal, Winga, Duffy & Stambaugh, P.L.C., Mason City, for appellant.

Mindi M. Vervaecke of Fitzsimmons & Vervaecke Law Firm, P.L.C., Mason City, for appellee.


WIGGINS, Justice.

Nationwide Mutual Insurance Company (Nationwide) appeals from an order entered by the district court granting Daniel Kelly (Kelly) summary judgment and denying Nationwide's motion for summary judgment. The district court interpreted the "other insurance" clause contained in an Iowa underinsured motorist (UIM) policy that restricted damages payable under the UIM coverage to "the highest applicable limit for any one vehicle" to mean the

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