Wetherbee v. Economy Fire & Casualty Co.

TERNUS, Justice.

This appeal primarily involves the question of whether an insured is entitled to recover underinsured motorist benefits from her insurance company when the insured has no right to bring an action in her own name against the underinsured motorist. The district court granted defendant insurance company’s motion for summary judgment. We reverse in part and affirm in part.

In 1982 plaintiff Katherine Wetherbee was insured under an automobile insurance policy issued by Iowa Kemper Insurance Company. (Iowa Kemper merged with and became Economy Fire and Casualty Company, defendant, in…