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Katelyn Eikenberry
v.
American Family Mutual Insurance Company
County:
Pottawattamie
Appellant
Katelyn Eikenberry
Appellee
American Family Mutual Insurance Company
Attorney for the Appellant
Thomp J. Pattermann
Attorneys for the Appellee
Brenda K. Wallrichs
Lyssa Henderson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
22-0329
Date Published:
Jan 11, 2023
Summary
Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ. Opinion by Buller, J. (9 pages)
Katelyn Eikenberry appeals the grant of summary judgment in favor of American Family Mutual Insurance Company on her uninsured motorist claim. OPINION HOLDS: Because Eikenberry’s claim against the tortfeasor is definitively barred, she is not “legally entitled to recover” against the insurer and cannot bring an underinsured motorist claim.