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Case No. 22-0329

For summaries from opinions prior to August, 2018, view PDF versions here

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.

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