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FIRST NAT. BANK IN SIOUX CITY v. WATTS

No. 89-995.

462 N.W.2d 922 (1990)

FIRST NATIONAL BANK IN SIOUX CITY, Appellee, v. Jerome E. WATTS, Defendant, and Farm & City Insurance Company, Appellant.

Supreme Court of Iowa.

November 21, 1990.

Attorney(s) appearing for the Case

Joe Cosgrove of Yaneff & Cosgrove, Sioux City, for appellant.

W.J. Giles III, Sioux City, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, NEUMAN, and SNELL, JJ.

LAVORATO, Justice.

A bank sued an insurer that provided collision coverage on a vehicle owned by the bank's debtor. The bank was the lienholder under a loss payable clause in the insurance policy. The debtor failed to pay a premium to continue insurance coverage beyond the term of the initial policy. After the policy lapsed, a loss occurred to the vehicle.

The district court concluded that the failure to pay the premium was an act or neglect of the owner within...

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