Koenke v. Iowa Home Mutual Casualty Co.

The opinion of the court was delivered by

Wedell, J.:

This was an action by Edward E. Koenke on an insurance policy to recover the value of an automobile destroyed by fire. The insured also made C. H. Hansen a party defendant by virtue of an alleged interest the latter had in the vehicle.

The appeal is by the Iowa Home Mutual Casualty Company, the insurer, from orders overruling its separate demurrers to plaintiff’s amended petition and to defendant Hansen’s answer.

Omitting the caption and introductory paragraph the amended petition, which will be referred to hereafter as the petition, alleged:

“T…