345 NW2D 548 - Lindahl v. Howe

How this case has been cited

Cited by 19 later decisions — most recently June 2005

2 federal appellate · 15 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

SCHULTZ, Justice

¶1(dissenting).

¶2I cannot agree with the majority since I find nothing in Iowa Code chapter 516A that would prohibit an insurer from excluding from coverage any damages arising out of the use of vehicles that the insured owns but does not choose to insure. In effect, the majority opinion provides gratuitous insurance to all uninsured vehicles that a policy holder may, own. I cannot perceive any intent by the legislature to compel this kind of unlimited gratuitous coverage.

¶3This case differs from Rodman v. State Farm Mutual Insurance Co., 208 N.W.2d 903 (Iowa 1973). In Rodmanthe insured paid a premium for uninsured motorist coverage on the very vehicle involved in the accident. Here, Lindahl did not pay any insurance premium for the vehicle involved in the accident.

¶4I would give effect to the policy exclusion and reverse the ruling of the trial court.

¶5MeGIVERIN, CARTER, and WOLLE, JJ., join this dissent.