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MALLINGER v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 50376.

111 N.W.2d 647 (1961)

Anna MALLINGER, Administratrix of the Estate of Joseph E. Mallinger, Deceased, Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Inc., Appellant.

Supreme Court of Iowa.

November 14, 1961.

Attorney(s) appearing for the Case

Rider, Bastian & Beisser, Fort Dodge, for appellant.

John H. Mitchell, Fort Dodge, for appellee.

THOMPSON, Justice.

This litigation is an outgrowth of the same fatal accident we had before us in Mallinger v. Brussow, Iowa, 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 $1,000, with interest. The defendant denied liability under the policy, asserting...

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