Craig v. IMT Insurance Co. ( 1987 )

SCHULTZ, Justice

(dissenting).

I dissent. I do not believe that an unborn child is either a “covered person” or a “family member” under the terms of the policy. A “person” is a human being who has “attained a recognized individual identity” by being born alive. Weitl v. Moes, 311 N.W.2d 259, 271 (Iowa 1981). A member is “[o]ne of the persons constituting a family.” Black’s Law Dictionary 1135 (rev. 4th ed. 1968). The plain meaning of the terms “person” and “family member” in the policy do not include the unborn. Under the policy the “bodily injury” simply was not sustained by a “covered person.”

McGIVERIN and WOLLE, JJ., join this dissent.