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FRUNZAR v. ALLIED PROPERTY AND CAS. INS.

5/22/1996

ssue under the procedure outlined in division III(B) above.


On remand, should the district court find in favor of plaintiff on the uninsured status coverage issue, we affirm the court's ruling awarding interest on the UM judgment for plaintiff pursuant to Iowa Code section 535.3.


The "all reasonable efforts" standard of proof adopted today for use in UM coverage cases applies to the present case, prospectively to cases awaiting final judgment at the time this decision is filed, and to cases in which the issue resolved herein was properly preserved. See State v. Johnson, 539 N.W.2d 160, 165 (Iowa 1995).


Costs on appeal are taxed one-third to plaintiff and two-thirds to defendant.


AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.






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