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HOTH v. SEXTON

No. 94-735.

539 N.W.2d 137 (1995)

Rebecca A. HOTH, Individually and as Administrator of the Estate of Bobbie J. Hoth, Deceased; Tina B. Hoth; Angela D. Hoth, A Minor by her Mother and Next Friend, Rebecca A. Hoth; and Bradley B. Hoth, A Minor by His Mother and Next Friend, Rebecca A. Hoth, Appellants, v. Mary Jo SEXTON and Craig Sexton, Appellees. Rebecca A. HOTH, Individually and as Administrator of the Estate of Bobbie J. Hoth, Deceased; Tina B. Hoth; Angela D. Hoth, A Minor by her Mother and Next Friend, Rebecca A. Hoth; and Bradley B. Hoth, A Minor by His Mother and Next Friend, Rebecca A. Hoth, Appellants, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant.

Supreme Court of Iowa.

October 25, 1995.

Attorney(s) appearing for the Case

Robert L. Sudmeier and Norman J. Wangberg of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellant United States Fidelity and Guaranty Company.

Kathleen Neylan of Neylan Law Office, Elkader, for appellants Rebecca A. Hoth, Tina B. Hoth, Angela D. Hoth, and Bradley B. Hoth.

David L. Hammer and Angela C. Simon of Hammer, Simon & Jensen, Dubuque, for appellees.

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

CARTER, Justice.

This appeal presents a challenge to an order conditionally dismissing, on forum non conveniens grounds, consolidated (but bifurcated) claims for wrongful death based on automobile negligence, and contractual underinsured motorist benefits. The order of conditional dismissal required the plaintiffs to commence similar claims in a Wisconsin court within sixty days. Either successful completion of that requirement or a failure to attempt it was to result...

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