Fode v. Farmers Insurance Exchange

I dissent from the majority opinion although I agree that the summary judgment entered by the District Court must be vacated.

For the purposes of this dissent, the term “third party claimant” means a person whose property has been damaged or who has received personal injuries caused by an insured driver. In this case the third party claimant is Fode. The term “insured” refers to David Michael Fiedler, the driver of the other automobile in this case. The term “insurer” refers to Farmers Insurance Exchange, which issued a policy of liability insurance to David Michael Fiedler.

At 5:00 p.m. on the…