STEINBACH v. CONTINENTAL WESTERN INS. CO.

No. 2-57021.

237 N.W.2d 780 (1976)

Wayne STEINBACH, Appellant, Cross-Appellee, v. CONTINENTAL WESTERN INSURANCE COMPANY, Appellee, Cross-Appellant.

Supreme Court of Iowa.

Rehearing Denied March 12, 1976.


Attorney(s) appearing for the Case

Maurice B. Nieland, Sioux City, for appellant, cross-appellee.

Theodore T. Duffield, Des Moines, for appellee, cross-appellant.

Considered en banc.


MOORE, Chief Justice.

Plaintiff appeals dismissal of his petition and challenges the trial court's determination that his loss of cattle was not covered under the terms of his "theft" insurance policy. Defendant appeals from the court's denial of summary judgment sought by defendant on ground the insurance policy limitation barred suit twelve months after a covered loss occurs. We find the trial court applied an over-restricted definition of "theft" in construing...

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