Estate of Harry Ex Rel. Harry v. Hawkeye-Security Insurance Co.

Opinion by

Judge PLANK.

In this declaratory judgment action, defendant, Hawkeye-Security Insurance Co. (Hawkeye), appeals from two partial sum mary judgments entered in favor of plaintiff, Estate of Rick Harry. After the summary judgments were entered, the parties entered into a stipulation on damages, preserving Hawkeye’s right to appeal. The trial court then entered final judgment based upon the summary judgments and stipulation on damages. We reverse and remand for further proceedings.

The following facts are undisputed. Rick Harry was the insured under an automobile insurance policy issued…