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HAYNES v. DAIRYLAND MUTUAL INSURANCE COMPANY

No. 54901.

199 N.W.2d 83 (1972)

Walter HAYNES and Ruth Haynes, Appellants, v. DAIRYLAND MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

June 29, 1972.

Attorney(s) appearing for the Case

Swisher & Cohrt and W. David Tyler, Waterloo, and Miller, Pearson & Gloe, Decorah, for appellants.

Brown, Kinsey & Funkhouser, Mason City, for appellee.

HARRIS, Justice.

We must decide which party should have the burden of producing evidence in a suit brought by a judgment creditor against the insurer of the judgment debtor. The dispute centers around evidence relating to conditions precedent in the policy. The trial court concluded the burden was upon the judgment creditor. We reverse.

Dairyland Mutual Insurance Co. issued a policy of insurance to Edward J. Ruhoff, a resident of Wisconsin, insuring him against...

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