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You are here: Home / Crime / Courts / Court says woman can’t recover damages from fire set by estranged husband

Court says woman can’t recover damages from fire set by estranged husband

November 16, 2012 By Dar Danielson

The Iowa Supreme Court has ruled an insurance company does not have to pay a woman after her estranged husband intentionally burned down their home while trying to commit suicide. David Postell died three days after officials said he poured gasoline around his home in Dixon in February of 2009 and set it on fire.

Postell’s wife Michelle said the investigation showed she had no role in setting the fire. She said she had paid the insurance premiums on the home for 20 years, and should be able to recover damages from the fire.

Michelle Postell had planned to move back into the home after their divorce was final. The Iowa Supreme Court ruled that the insurance policy only requires payment for accidental loss.

The court said David Postell’s action to take his own life by setting the fire falls under a clause that excludes payment of the claim if the damage done to the home is intentional.

See the complete ruling here: Postell case PDF

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Filed Under: Crime / Courts, Fires/Accidents/Disasters, News

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