BARBERTON RESCUE v. INSURANCE DIV. OF IOWA

No. 96-2280.

586 N.W.2d 352 (1998)

BARBERTON RESCUE MISSION, INC. d/b/a The Christian Brotherhood Newsletter, Appellee, v. The INSURANCE DIVISION OF the IOWA DEPARTMENT OF COMMERCE, Appellant.

Supreme Court of Iowa.

Rehearing Denied January 6, 1999.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Scott M. Galenbeck, Assistant Attorney General, for appellant.

David Leitner, Johnston, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, NEUMAN, and TERNUS, JJ.


LARSON, Justice.

The issues raised in this appeal are (1) whether a Christian newsletter, through which medical costs are spread among its subscribers, constitutes an insurance contract; and (2) whether a recently enacted statute, Iowa Code § 505.22 (1997), exempts the newsletter from regulation and taxation by the state. The district court ruled that the newsletter plan was not insurance, and in any event, section 505.22 exempts it from the jurisdiction of insurance...

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