Brandi Fipps
v.
Progressive Universal Insurance Company
Appellant
Brandi Fipps
Appellee
Progressive Universal Insurance Company
Attorney for the Appellant
Thomp J. Pattermann
Attorney for the Appellee
Patrick L. Sealy
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Harrison County, Craig M. Dreismeier, Judge. AFFIRMED. Considered by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Ahlers, J. (7 pages)
Brandi Fipps appeals from a grant of summary judgment dismissing her action against Progressive Universal Insurance Company (Progressive). She argues Iowa Code section 516A.1 (2017) requires Progressive to provide her with underinsured motorist coverage because a new policy was created when she replaced the vehicle covered under an insurance policy issued by Progressive and she did not waive such coverage at the time she replaced the vehicle. OPINION HOLDS: A new policy was not created when Fipps replaced the vehicle, so a second waiver was not required. Accordingly, the district court correctly granted summary judgment in favor of Progressive.
