WEBB v. AMERICAN FAMILY MUT. INS. CO.

No. 91-869.

493 N.W.2d 808 (1992)

Dale L. WEBB and Rickey L. Webb, Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

December 23, 1992.


Attorney(s) appearing for the Case

Robert M. Benton of Stuyvesant & Benton, Carlisle, for appellants.

Nancy C. Coon, West Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SNELL, and ANDREASEN, JJ.


SNELL, Justice.

Appellant, American Family Insurance Company, challenges a court of appeals decision that an insurance policy American Family issued to appellees, Dale and Rickey Webb, was not void as a matter of law because Dale Webb had not committed a "material" misrepresentation in a proof of loss filed following a fire. We vacate the court of appeals decision, affirm the trial court decision to submit the question to the jury, and reinstate the jury finding that...

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