IDEAL MUT. INS. CO. v. WINKER

No. 66163.

319 N.W.2d 289 (1982)

IDEAL MUTUAL INSURANCE COMPANY, a Corporation, Appellee, v. Dennis R. WINKER, Appellant.

Supreme Court of Iowa.

May 19, 1982.


Attorney(s) appearing for the Case

Thomas R. Eller of Nash, Eller, Brink & Claussen, Denison, for appellant.

David E. Green, Carroll, for appellee.

Considered by UHLENHOPP, P. J., and ALLBEE, McGIVERIN, LARSON, and SCHULTZ, JJ.


UHLENHOPP, Justice.

In this appeal we determine whether a guilty plea entered in a criminal prosecution precludes the convicted party from relitigating the issue of his criminality in a subsequent declaratory action brought against him by an insurer to construe an exclusionary provision of its policy.

On February 18, 1979, Dennis R. Winker shot and killed his estranged girl friend, Mary Jo Heiman, while she was working as a waitress at the Country Kitchen...

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