KELLY v. IOWA VALLEY MUT. INS. ASS'N

No. 68106.

332 N.W.2d 330 (1983)

Michael L. KELLY, Appellee, v. IOWA VALLEY MUTUAL INSURANCE ASSOCIATION, A Corporation, Appellant.

Supreme Court of Iowa.

April 20, 1983.


Attorney(s) appearing for the Case

Pat W. Brooks of Mowry, Irvine, Brooks & Ward and Edwin Bartine of Kemler, Lovig & Bartine, Marshalltown, for appellant.

James C. Wilson of Wilson, Hall, Wilson & Craig, Eldora, for appellee.

Considered by UHLENHOPP, P.J., HARRIS, McGIVERIN and CARTER, JJ., and LeGRAND, Senior Judge.


McGIVERIN, Justice.

This appeal arises from a factual situation unique to the body of insurance law in Iowa. Defendant insurer, Iowa Valley Mutual Insurance Association, appeals from a judgment for plaintiff Michael L. Kelly for fire damage to a house plaintiff was leasing with an exclusive option to purchase the realty. Two issues are presented for review: 1) whether plaintiff lessee had an insurable interest in the leased...

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