Legal Opinion
Barber Ex Rel. Barber v. State Farm Mutual Automobile Insurance
Supreme Court of Iowa
Decided April 9, 1963No. 50936PublishedCited by 2 opinions
1Opinion of the CourtThornton, J.
— Two questions are presented in this appeal. Because of our view of the second it is unnecessary to consider the first.
I. The question is whether plaintiff is excluded from coverage by the following exclusion:
“This insurance does not apply under: * * * (i) coverages C and M, to bodily injury to any person: * * # (3) other than the named insured and a relative while occupying any vehicle not insured under Insuring Agreements I or II; * *
Plaintiff was riding a bicycle at the time of the accident with the insured car. The trial court held, plaintiff “was not occupying such ‘vehicle’ as referred…
2Cases cited8 opinions
- Mallinger v. State Farm Mutual Automobile InsuranceSupreme Court of Iowa · 1961
- Iowa-Illinois Gas & Electric Co. v. City of BettendorfSupreme Court of Iowa · 1950
- Wenthe v. Hospital Service, Incorporated, of IowaSupreme Court of Iowa · 1960
- Gallardo v. LukeCalifornia Court of Appeal · 1939
- Bank for Savings & Trusts v. United States Casualty Co.Supreme Court of Alabama · 1942
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Burcham v. Farmers Insurance ExchangeSupreme Court of Iowa · 1963
- Uptown Food Store, Inc. v. GinsbergSupreme Court of Iowa · 1963