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VANCE v. PEKIN INS. CO.

No. 89-1633.

457 N.W.2d 589 (1990)

Susan VANCE, Appellee, v. PEKIN INSURANCE COMPANY, Appellant. PEKIN INSURANCE COMPANY, Defendant/Counter-claimant, v. Donald A. VANCE, Defendant to Counter-claim.

Supreme Court of Iowa.

June 20, 1990.

Attorney(s) appearing for the Case

Michael K. Bush of Carlin, Hellstrom & Bittner, Davenport, for appellant.

Kent Hutchinson, and George E. Wright of Napier, Wright & Wolfe, Fort Madison, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, LAVORATO, and NEUMAN, JJ.

LAVORATO, Justice.

The United States District Court for the Southern District of Iowa has certified two questions to us. First, may an innocent coinsured spouse recover under a fire insurance policy when the other coinsured spouse has been convicted of arson? Second, if the innocent coinsured spouse can recover, what proportion of the casualty loss may such coinsured recover?

Applying a contract analysis to the policy here, we answer the first question no...

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