Atkins v. Baxter

SCHULTZ, Justice.

In this appeal we are asked to decide whether a dram shop plaintiff has been “injured in ... property” where the loss suffered is covered by insurance. The trial court ruled that the plaintiffs, Harold Atkins and Elsa Tuck, were injured in property to the extent they incurred medical and hospital expenses on behalf of their minor daughter, Christine Atkins, even though an insurance company paid most of the bills. Because we believe that this ruling best serves the purposes behind our dram shop statute, Iowa Code § 123.92 (1983), we affirm.

On April 20, 1984, shortly before her…