JOHNSON v. FIREMAN'S FUND INS. CO.

No. 60931.

272 N.W.2d 870 (1978)

Carolyn JOHNSON, Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

December 20, 1978.


Attorney(s) appearing for the Case

Beving, Swanson & Forrest by Charles S. Crook, III, Des Moines, for appellant.

Jones, Hoffman & Davison, Des Moines, for appellee.

Considered en banc.


McCORMICK, Justice.

The trial court sustained defendant's motion to dismiss plaintiff's petition on the ground she did not submit her uninsured motorist claim to arbitration before bringing suit on it. We hold that arbitration was not a condition precedent to her action. Therefore we reverse and remand.

Plaintiff Carolyn M. Johnson filed a petition in three counts seeking recovery from defendant Fireman's Fund Insurance Company on its uninsured motorist coverage...

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