Liberty Mutual Insurance Co. v. Caterpillar Tractor Co.

UHLENHOPP, Justice.

This appeal involves the presumption of mailing which arises from an office practice and the effect on that presumption of proof that the item was not received. See Public Finance Co. v. Van Blaricome, 324 N.W.2d 716 (Iowa 1982).

Rule 215.1 of the rules of civil procedure states in pertinent part:

All cases at law or in equity where the petition has been on file more than one year prior to July 15 of any year shall be for trial at any time prior to January 1 of the next succeeding year. The clerk shall prior to August 15 of each year give notice to counsel of record as…