Legal Opinion

Michelle Postell v. American Family Mutual Insurance Co.

Supreme Court of Iowa

Decided November 16, 2012No. 12–0098PublishedCited by 103 opinions

1Opinion of the Court

WIGGINS, Justice.

This case involves the denial of coverage under a fire insurance policy. The policy included an intentional loss exclusion, voiding coverage when any insured intentionally causes a loss or damage. The district court denied coverage. In this appeal, we find substantial evidence supports the district court’s finding that the coinsured who set fire to the insured dwelling in order to commit suicide had the requisite intent to “cause a loss” under the policy. We further find that under the language of the policy, the innocent coinsured spouse, who did not participate in the…

2Cases cited51 opinions

  1. Auen v. Alcoholic Beverages Division of Iowa Department of CommerceSupreme Court of Iowa · 2004
  2. Chacon v. American Family Mutual Insurance CompanySupreme Court of Colorado · 1990
  3. Rodman v. State Farm Mutual Automobile Insurance Co.Supreme Court of Iowa · 1973
  4. Interstate Power Co. v. Insurance Co. of North AmericaSupreme Court of Iowa · 2000
  5. Watson v. United Services Automobile Ass'nSupreme Court of Minnesota · 1997

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3Cited by103 opinions

  1. Amended September 30, 2015 Iowa Insurance Institute, Iowa Defense Counsel Association, Iowa Self-insurers' Association, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies, and Iowa Association of Business and Industry v. Core Group of the Iowa Association for Justice Christopher J. Godfrey, Workers' Compensation Commissioner, Division of...Supreme Court of Iowa · 2015
  2. Star Equipment, Ltd. v. State of Iowa, Iowa Department of TransportationSupreme Court of Iowa · 2014
  3. Teri Root v. Talton ToneySupreme Court of Iowa · 2013
  4. Derek Crow v. Edwin E. Simpson, Individually and D/B/A Simpson Trucking and ExcavatingSupreme Court of Iowa · 2015
  5. Iowa Individual Health Benefit Reinsurance Association v. State University of Iowa, Iowa State University of Science and Technology, and University of Northern IowaSupreme Court of Iowa · 2016

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