Journal Express, Knoxville, IA

Archive

November 20, 2012

Supreme Court rejects appeal in case heard at IHCC

OTTUMWA — The Iowa Supreme Court backed a lower court ruling in deciding an insurance case it heard during a session in Ottumwa.

The case, Michelle Postell v. American Family Mutual Insurance Co., was brought to the supreme court after a lower court denied her insurance claim for her home. Postell's estranged husband, David, set fire to the home in a suicide attempt.

The district court ruling found against Postell, saying the fire triggered the policy's "cause a loss" provision, in which the company is not required to pay if a deliberate act destroys or damages the insured property. The supreme court agreed.

The ruling held that, though Postell was not responsible for the fire, the policy's exclusion of payment for damage caused by "any insured" person was sufficient to deny payment.

"David understood the consequences of his acts, specifically, the danger he was creating by lighting the house on fire," wrote Justice David Wiggins in the court's opinion.

 

1
Text Only
Features
AP Video
Broken Water Main Floods UCLA Raw: Japanese Soldiers Storm Beach in Exercises In Virginia, the Rise of a New Space Coast Two Women Narrowly Avoid Being Hit by Train NCAA Settles Head-injury Suit, Will Change Rules Jury Awards Ventura $1.8M in Defamation Case Crayola Announces Family Attraction in Orlando Raw: NH Man Held on $1M in Teen's Kidnapping New Sanctions on Key Sectors of Russian Economy Senate Confirms McDonald As VA Secretary Kerry: Not Worried About Israeli Criticism US Ready to Slap New Sanctions on Russia Boater Rescued From Edge of Kentucky Dam Girl Struck by Plane on Florida Beach Dies House to Vote on Slimmed-down Bill for Border Looming Demand Could Undercut Flight Safety Fish Oil Plant Blast Kills One Two Huge Fires Burning in Northern California Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short
Facebook
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

Upon completion and reopening of Third Street, should the City of Knoxville wait to start the next stage of the Streetscape and Infrastructure project until 2015?

Yes
No
     View Results