ALLMON v. HALE INS. AGENCY, INC.

No. 84-1256.

390 N.W.2d 120 (1986)

Carroll Thomas ALLMON, Appellee, v. HALE INSURANCE AGENCY, INC., Appellant, and Dakota Fire Insurance Company, Appellee.

Supreme Court of Iowa.

Rehearing Denied August 18, 1986.


Attorney(s) appearing for the Case

Richard J. Gilloon, of Sodoro, Daly & Sodoro, Omaha, Nebraska, and Richard D. Crotty, Council Bluffs, for appellant.

Lyle A. Rodenburg, Council Bluffs, for appellee Allmon.

Philip Willson of Smith, Peterson, Beckman & Willson, Council Bluffs, for appellee Dakota Fire Ins. Co.

Considered by REYNOLDSON, C.J., and HARRIS, LARSON, SCHULTZ, and WOLLE, JJ.


HARRIS, Justice.

In this suit to recover for a fire loss under an insurance policy the matter was submitted to a jury by special verdicts. The jury fixed the loss and our task on appeal is to interpret the jury's finding. The trial court believed the jury fixed only that part of the loss which was in excess of an amount previously paid by a different company under a different policy. We think the jury was asked to, and did, fix the total amount of plaintiff's loss...

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