Mallinger v. State Farm Mutual Automobile Insurance

This litigation is an outgrowth of the same fatal accident we had before us in Mallinger v. Brussow, 252 Iowa 54, 105 N.W.2d 626. The plaintiff’s petition asked a declaratory judgment holding' that she was entitled under an insurance policy issued by the defendant to Joseph E. Mallinger, her decedent, on February 19, 1958, to the amount of $1000, with interest. The defendant denied liability under the policy, asserting the circumstances which brought about the death of the decedent, on July 25, 1958, were not within the purview of the policy, because of certain exclusions contained therein.…