Otterberg v. Farm Bureau Mutual Insurance Co.

CADY, Justice.

In this appeal from a declaratory judgment entered by the district court, we must primarily decide if an insured can recover under an uninsured motorist provision of an automobile insurance policy based on injuries covered by workers’ compensation sustained while he was a passenger in a motor vehicle owned by his employer and operated by a co-employee. We also consider the impact of the preservation-of-error doctrine on the failure of a nonmoving party to a motion for summary judgment to file a resistance to the motion. Upon- our review, we affirm the judgment of the district…