Iowa Supreme Court to Hear Oral Arguments in Ottumwa Print
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Written by Iowa Judicial Branch   
Monday, 10 September 2012 14:04

Iowa Supreme Court to Hear Oral Arguments in Ottumwa

 

Des Moines, September 10, 2012— On Wednesday, September 19, the Iowa Supreme Court will hear oral arguments in Ottumwa, Iowa. The proceeding will take place in St. John Auditorium at Indian Hills Community College, 525 Grandview Avenue. The session will begin at 7 p.m.

 

The court will hear lawyers argue in two cases:

 

Postell v. American Family Mutual Insurance Co.

Case context: On appeal from an action to recover benefits under a homeowner's insurance policy, plaintiff challenges the district court's ruling that her insurance policy did not provide coverage for losses incurred as a result of a fire that her husband had intentionally set to their home. Plaintiff argues: (1) she is a "separate insured" and as an innocent coinsured is entitled to the statutorily required minimum coverage, (2) when the insurance policy is read as a whole each insured is a separate insured and the intentional acts of one malfeasant insured do not bind the other insureds, and (3) because her husband was suicidal, his delusional conduct in burning down their home was not done with an "intent to cause a loss" as that term is used in the insurance policy's intentional loss exclusion clause.

 

The lawyer for Postell is: Joseph C. Creen, Davenport. The lawyer for American Family Mutual Insurance Co. is Ted J. Wallace, Davenport.

 

State of Iowa v. Kern

Case context: Defendant appeals her convictions on marijuana-related charges on the grounds that law enforcement conducted an unlawful search of her home without a warrant. Defendant, a parolee at the time, argues the warrantless search violated her constitutional rights despite her signature on a parole agreement giving advance consent to a search of her home.    Defendant contends the trial court improperly considered the evidence obtained during the search.

 

The lawyer for the State of Iowa is: Kevin Cmelik, Assistant Attorney General. The lawyer for Kern is: Christopher R. Kemp, Des Moines.

 

The Iowa Court Rules regarding expanded media coverage on the Iowa Legislature website at http://www.legis.state.ia.us/DOCS/ACO/CR/LINC/08-15-2012.chapter.25.pdf.

 

 

 

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