Hall v. Allied Mut. Ins. Co., No. 52849

CourtUnited States State Supreme Court of Iowa
Writing for the CourtMASON
Citation158 N.W.2d 107,261 Iowa 1258
PartiesJohn M. HALL, Administrator with Will Annexed of the Estate of Cecil R. Hall, a/k/a C. R. Hall, Appellant, v. ALLIED MUTUAL INSURANCE COMPANY, Appellee. John M. HALL, Administrator of the Estate of Genevieve M. Hall, Appellant, v. ALLIED MUTUAL INSURANCE COMPANY, Appellee.
Docket NumberNo. 52849
Decision Date09 April 1968

Page 107

158 N.W.2d 107
261 Iowa 1258
John M. HALL, Administrator with Will Annexed of the Estate of Cecil R. Hall, a/k/a C. R. Hall, Appellant,
v.
ALLIED MUTUAL INSURANCE COMPANY, Appellee.
John M. HALL, Administrator of the Estate of Genevieve M. Hall, Appellant,
v.
ALLIED MUTUAL INSURANCE COMPANY, Appellee.
No. 52849.
Supreme Court of Iowa.
April 9, 1968.

[261 Iowa 1259] Frank W. Davis, Des Moines, for appellant.

Kent M. Forney, of Bradshaw, Fowler, Procter & Fairgrave, Des Moines, for appellee.

MASON, Justice.

These two cases, consolidated and argued together here, involve the uninsured motorist clause of a family automobile insurance policy issued by defendant Allied Mutual Insurance Company to Cecil R. Hall. John M. Hall, as the personal representative of Cecil R. and Genevieve M. Hall, seeks declaratory

Page 108

judgment in this law action construing the contract and determining the proper measure of damages to be applied. The petitions are identical, except in the case involving Mrs. Hall it is alleged she was a passenger in the automobile operated by her husband and was within the coverage of his policy.

I. Part IV Coverage J of the insurance contract provides defendant agrees 'to pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury, sickness or disease, including death resulting therefrom, hereinafter called 'bodily injury', sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of such uninsured automobile; provided, for the purposes of this coverage, determination as to whether the insured or such representative is legally entitled to recover such damages, and if so the amount thereof, shall be made by agreement between the insured or such representative and the company or, if they fail to agree, by arbitration.'

The issue is whether the measure of damages under the Oklahoma law or the Iowa law is applicable in determining defendant's liability under this particular policy provision.

The cases were submitted to the court without a jury upon a stipulated record. No oral testimony was taken.

As part of this stipulation the parties requested the court to take judicial notice of the Oklahoma Wrongful Death [261 Iowa 1260] Statute which provides that the personal representative of a decedent may institute an action for wrongful death in which case the damages must inure to the exclusive benefit of the surviving spouse and children, if any, or next of kin to be distributed in the same manner as personal property of the deceased. The action must be commenced within two years.

The parties further stipulated that under Oklahoma law the measure of damages in a death case is determined by the extent to which the deceased contributed to the support of the surviving spouse, child or next of kin, in addition to which the personal representative is entitled to recover for necessary medical and funeral expenses.

Under Iowa law the measure of damages in a death case is the present worth or value of the estate decedent would be reasonably expected to have saved and accumulated as the result of his own efforts from the date of his death if he had lived out the term of his natural life, plus medical expense and the lesser of his funeral expense or the interest thereon over the remainder of his life expectancy.

II. The facts of the cases are not in dispute.

At the time of death of plaintiff's decedents there was in force a family automobile insurance policy issued by defendant to Mr. Hall which by its terms in Part IV thereof afforded contractual coverage to plaintiff's decedents against injury or death resulting from the negligent acts of an uninsured motorist.

The contract of insurance was entered into in Iowa and both parties to it were citizens and residents of Iowa, both at the time of making the contract and at the time decedents died.

Decedents were killed in an automobile accident near McAlester, Oklahoma, November 29, 1963, when the automobile owned by Cecil R. Hall was struck by an automobile driven by Sybil Roach Shook and owned by Ivan L. Shook, both of whom were then residents of Texas.

Sybil Roach Shook was guilty of negligence which was a proximate cause of the death of plaintiff's decedents. The automobile operated by Sybil was at the time of the accident an uninsured automobile. At the time of death neither decedent[261 Iowa 1261] left a surviving spouse, dependent child or next of kin financially dependent upon them or either of them.

Page 109

No action has been instituted in Oklahoma against either Sybil or Ivan L. Shook to recover damages in any amount for the wrongful death of plaintiff's...

To continue reading

Request your trial
4 practice notes
  • Leuchtenmacher v. Farm Bureau Mut. Ins. Co., No. 89-741
    • United States
    • United States State Supreme Court of Iowa
    • July 18, 1990
    ...clause" which is available to the tortfeasor's own liability carrier. Both parties rely on Hall v. Allied Mutual Insurance Co., 261 Iowa 1258, 158 N.W.2d 107 (1968), to support their respective positions. Farm Bureau contends that Hall, while not addressing this exact issue, made it clear t......
  • Allstate Ins. Co. v. Semple, No. CV
    • United States
    • Superior Court of Connecticut
    • October 11, 1979
    ...must control. The court finds that argument to be lacking in merit. As one commentator said in discussing Hall v. Allied Mutual Ins. Co., 261 Iowa 1258, 158 N.W.2d 107: "The court is not impressed with the argument that this is an Iowa contract which should cover all losses for which the Io......
  • Fuhrmann v. Majors, No. 8-253/07-1531 (Iowa App. 7/16/2008), No. 8-253/07-1531
    • United States
    • Court of Appeals of Iowa
    • July 16, 2008
    ...UIM coverage adds any value. 4. Furhmann also argues a conflict of laws analysis is unnecessary under Hall v. Allied Mut. Ins. Co., 261 Iowa 1258, 158 N.W.2d 107 (Iowa 1968). We disagree. Hall was decided before the Iowa Supreme Court adopted the Restatement (Second) of Conflict of Laws (19......
  • Country Mutual Insurance Company v. Mcnelly, No. 9-459/08-1880 (Iowa App. 7/22/2009), No. 9-459/08-1880
    • United States
    • Court of Appeals of Iowa
    • July 22, 2009
    ...bear. Id. III. Merits A. The McNellys contend the district court should have applied the case of Hall v. Allied Mutual Insurance. Co., 261 Iowa 1258, 158 N.W.2d 107 (1968). In Hall, the parties agreed there was uninsured motorist coverage for Iowa plaintiffs who had been injured by a Texas ......
4 cases
  • Leuchtenmacher v. Farm Bureau Mut. Ins. Co., No. 89-741
    • United States
    • United States State Supreme Court of Iowa
    • July 18, 1990
    ...clause" which is available to the tortfeasor's own liability carrier. Both parties rely on Hall v. Allied Mutual Insurance Co., 261 Iowa 1258, 158 N.W.2d 107 (1968), to support their respective positions. Farm Bureau contends that Hall, while not addressing this exact issue, made it clear t......
  • Allstate Ins. Co. v. Semple, No. CV
    • United States
    • Superior Court of Connecticut
    • October 11, 1979
    ...must control. The court finds that argument to be lacking in merit. As one commentator said in discussing Hall v. Allied Mutual Ins. Co., 261 Iowa 1258, 158 N.W.2d 107: "The court is not impressed with the argument that this is an Iowa contract which should cover all losses for which the Io......
  • Fuhrmann v. Majors, No. 8-253/07-1531 (Iowa App. 7/16/2008), No. 8-253/07-1531
    • United States
    • Court of Appeals of Iowa
    • July 16, 2008
    ...UIM coverage adds any value. 4. Furhmann also argues a conflict of laws analysis is unnecessary under Hall v. Allied Mut. Ins. Co., 261 Iowa 1258, 158 N.W.2d 107 (Iowa 1968). We disagree. Hall was decided before the Iowa Supreme Court adopted the Restatement (Second) of Conflict of Laws (19......
  • Country Mutual Insurance Company v. Mcnelly, No. 9-459/08-1880 (Iowa App. 7/22/2009), No. 9-459/08-1880
    • United States
    • Court of Appeals of Iowa
    • July 22, 2009
    ...bear. Id. III. Merits A. The McNellys contend the district court should have applied the case of Hall v. Allied Mutual Insurance. Co., 261 Iowa 1258, 158 N.W.2d 107 (1968). In Hall, the parties agreed there was uninsured motorist coverage for Iowa plaintiffs who had been injured by a Texas ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT