PROCHELO v. TRAVELERS INS. CO.

No. 84-438.

376 N.W.2d 591 (1985)

Charles A. PROCHELO and Charlie P's, Inc., Appellants, v. TRAVELERS INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

Rehearing Denied December 18, 1985.


Attorney(s) appearing for the Case

Steven K. Scharnberg and Hugh J. Cain of Duncan, Jones, Riley & Finley, Des Moines, for appellants.

William F. Fanter and Antonio Colacino of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellee.

James L. Kramer, Fort Dodge, amicus curiae for Robert J. Hennessey.

Richard G. Langdon and Kermit B. Anderson of Herrick, Langdon & Langdon, Des Moines, amicus curiae for Dan T. McGrevey.

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


UHLENHOPP, Justice.

This review of a court of appeals decision involves a problem of claim preclusion.

On June 7, 1981, Charlie P's, a Fort Dodge restaurant, was destroyed by fire. Travelers Insurance Company insured the property. Charles Prochello and Charlie P's, Inc. (plaintiffs) made claim against Travelers under the policy. Travelers denied the claim on the ground the fire was not accidental.

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