OSMIC v. NATIONWIDE AGRIBUSINESS INS. CO.

No. 12-1295.

841 N.W.2d 853 (2014)

Esad OSMIC, Appellee, v. NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, Appellant.

Supreme Court of Iowa.

January 10, 2014.


Attorney(s) appearing for the Case

Sharon Soorholtz Greer and Thomas L. Hillers of Cartwright, Druker & Ryden, Marshalltown, for appellant.

James F. Kalkhoff of Dutton, Braun, Staack & Hellman, P.L.C., Waterloo, for appellee.


MANSFIELD, Justice.

We must decide whether a policy provision limiting the time to file an action to recover underinsured motorist's benefits is binding on a passenger who was injured while riding in the named insured's vehicle. The passenger brought this action approximately one month after the deadline set forth in the policy, which required suit to be commenced "within two years after the date of the accident."

We conclude the passenger, as an insured and...

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