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SWAINSTON v. AMERICAN FAMILY MUT. INS. CO.

No. 08-0391.

774 N.W.2d 478 (2009)

Kale SWAINSTON and Stephanie Swainston, Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

Rehearing Denied October 28, 2009.

Attorney(s) appearing for the Case

Steven Lawyer of Steven V. Lawyer & Associates, P.L.C., Des Moines, for appellants.

Coreen K. Sweeney and Anna W. Mundy of Nyemaster, Goode, West, Hansell & O'Brien, P.C., Des Moines, for appellee.

TERNUS, Chief Justice.

The appellants, Kale and Stephanie Swainston, appeal from a district court summary judgment ruling, holding that the appellee, American Family Mutual Insurance Company, has no obligation to pay uninsured motorist (UM) benefits to the Swainstons under an insurance policy issued to them by American Family. The court of appeals affirmed the district court decision that American Family had no liability under its policy because its UM benefits could...

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