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LIBERTY MUT. INS. v. CATERPILLAR TRACTOR CO.

No. 83-1254.

353 N.W.2d 854 (1984)

LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. CATERPILLAR TRACTOR COMPANY and Gibbs-Cook Equipment Company, Appellees.

Supreme Court of Iowa.

Rehearing Denied September 4, 1984.

Attorney(s) appearing for the Case

Ross H. Sidney and John Werner of Grefe & Sidney, Des Moines, for appellant.

L.W. Rosebrook and Patricia J. Martin of Ahlers, Cooney, Dorweiler, Haynie & Smith, and Larry D. Spaulding of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellees.

Considered by REYNOLDSON, C.J., and UHLENHOPP, LARSON, SCHULTZ, and WOLLE, JJ.

UHLENHOPP, Justice.

This appeal involves the presumption of mailing which arises from an office practice and the effect on that presumption of proof that the item was not received. See Public Finance Co. v. Van Blaricome, 324 N.W.2d 716 (Iowa 1982).

Rule 215.1 of the rules of civil procedure states in pertinent part:

All cases at law or in equity where the petition has been on file more than one year prior...

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