Justia Iowa Supreme Court Opinion Summaries
Articles Posted in Insurance Law
Estes v. Progressive Classic Ins. Co.
This case involved a dispute between Insured and Insurer regarding underinsured motorist benefits. The district court denied Insurer's motion for summary judgment and entered judgment in favor of Insured with interest running from the date Insured filed his action against Insurer. Insured filed a motion to modify the judgment, asking the court to amend the judgment to start the running of interest from the date Insured filed his action against the original tortfeasors. The district court granted the motion and modified the judgment. The court of appeals affirmed. The Supreme Court (1) found that the order denying Insurer's motion for summary judgment was not reviewable; (2) vacated the court of appeals; (3) affirmed the district court's judgment required Insurer to pay its underinsured motorist limit to Insured; and (4) reversed the part of the judgment awarding interest from the date Insured filed the original action against the tortfeasors, holding that Insured failed to timely file his posttrial motion and that the district court erred when it considered the motion. Remanded. View "Estes v. Progressive Classic Ins. Co." on Justia Law
Furnald v. Hughes
Plaintiff brought a personal injury action arising out of an automobile accident then voluntarily dismissed the action eleven days prior to trial in order to further develop expert testimony on the extent of permanent injuries caused by the accident. Two months later, Plaintiff refiled the action. The district court granted summary judgment to Defendant, holding that Iowa's savings statute was inapplicable under the facts of the case. The court of appeals affirmed. The issue on appeal was whether the voluntary dismissal of Plaintiff's claim under the circumstances met the savings statute requirement that the claim "fails" without "negligence in its prosecution." The Supreme Court affirmed, holding that Plaintiff's claim did not meet the requirements of the savings statute and that the district court properly granted summary judgment for Defendant. View "Furnald v. Hughes" on Justia Law
Peak v. Adams
Plaintiff Mark Peak broke his leg while helping Ellis and Rachel Adams move furniture using a rented U-Haul truck. The liability insurer for U-Haul paid its policy limits of $20,000 to Peak in exchange for a release that specifically named Ellis and arguably covered Rachel. When Peak sought additional compensation from another of insurer for the Adamses, the insurer denied coverage based on the release. Peak filed a negligence action against Adamses, alleging they were liable for negligence in their operation of the rental truck and their failure to remove snow from their driveway. The district court granted defendants' motion for summary judgment, concluding the release barred Peak's claims against both Ellis and Rachel. The court of appeals reversed. At issue was whether the release covered Ellis and Rachel as well as U-Haul and its insurer. On further review, the Supreme Court held that the district court correctly granted summary judgment for Ellis based on the release, while fact questions precluded summary judgment for Rachel. The Court vacated the decision of the court of appeals and affirmed in part and reversed in part the district court judgment. View "Peak v. Adams" on Justia Law