1. For the purpose of this chapter, the term “uninsured motor vehicle” shall, subject to the terms and conditions of the coverage required in this chapter, be deemed to include an insured motor vehicle with respect to which insolvency proceedings have been instituted against the liability insurer thereof by the insurance regulatory official of this or any other state or territory of the United States or of the District of Columbia.
2. An insurer’s insolvency protection is applicable only to accidents occurring during a policy period in which its insured’s uninsured motorist coverage is in effect and only if the liability insurer of the tortfeasor is insolvent at the time of such an accident or becomes insolvent after the accident. [C71, 73, 75, 77, 79, 81, §516A.3] 91 Acts, ch 26, §46; 92 Acts, ch 1162, §46; 2021 Acts, ch 76, §150; 2022 Acts, ch 1021, §153 \n
Notes of Decisions
Faeth v. State Farm Mut. Auto. Ins. Co., 707 N.W.2d 328 (Iowa 2005).
· cites it 6× “Whether Self-Insurers Who Become Insolvent After the Accident Are Considered in the Same Manner as Conventional Liability Insurers Under Iowa Code Section 516A.3. Although the application of State Farm’s -time limit on bringing suit in cases involving conventional liability…”
Thomas v. Am. Fam. Mut. Ins. Co., 485 N.W.2d 298 (Iowa 1992).
· cites it 28× “Iowa Code § 516A.3 (Supp. 1991).) The American Family policies here pertinently state that “[w]e will pay damages for bodily injury which an insured person is legally entitled to recover from the owner or operator of an uninsured motor vehicle.”
Stecher v. Iowa Ins. Guar. Ass'n, 465 N.W.2d 887 (Iowa 1991).
· cites it 2× “Iowa Code § 516A.3 provides, in part, that coverage for an uninsured motor vehicle shall include coverage for "an insured motor vehicle with respect to which insolvency proceedings have been instituted against the liability insurer thereof.”
Rodman v. State Farm Mut. Auto. Ins. Co., 208 N.W.2d 903 (Iowa 1973).
“persons insured under such policy who are legally entitled to recover damages from the owner or operator of an uninsured motor vehicle or a hit-and-run motor vehicle because of bodily injury * * * caused by accident and arising out of the ownership, maintenance, or use of such…”
Hogins v. Ross, 988 S.W.2d 685 (Tenn. Ct. App. 1998).
“Although the statute apparently did not expressly permit an insurer to afford more favorable coverage, as do the Tennessee, North Carolina, and Kentucky statutes, the Supreme Court of Iowa nevertheless held that American Family’s policies afforded coverage in addition to that…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.