Legal Opinion

Johnson v. Fireman's Fund Insurance Co.

Supreme Court of Iowa

Decided December 20, 1978No. 60931Published

1Opinion of the Court

272 N.W.2d 870 (1978)

Carolyn JOHNSON, Appellant,

v.

FIREMAN'S FUND INSURANCE COMPANY, Appellee.

No. 60931.

Supreme Court of Iowa.

December 20, 1978.

Beving, Swanson & Forrest by Charles S. Crook, III, Des Moines, for appellant.

Jones, Hoffman & Davison, Des Moines, for appellee.

Considered en banc.

McCORMICK, Justice.

The trial court sustained defendant's motion to dismiss plaintiff's petition on the ground she did not submit her uninsured motorist claim to arbitration before bringing suit on it. We hold that arbitration was not a condition precedent to her action. Therefore we reverse and remand.

Plaint…

2Cases cited84 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  3. Tumey v. OhioSupreme Court of the United States · 1927
  4. Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
  5. Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935

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