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October 2012

Uninsured Motorist: Moad v. Libby and Dakota Truck Underwriters, No. 2-721/12-0126 (Iowa Ct.App. 2012)

     Issue: Under Iowa law, can a workers’ compensation lien be asserted against an employer’s uninsured motorist policy?

For a complete summary of the factual background of the case and court’s holding, click here

ContractKelly v. Riser, Inc., et al., No. 2-835/11-1898 (Iowa Ct.App. 2012)

     Issue: Whether employee’s express contractual waiver of cause of action against client of employer for workplace injury, executed between the   employee and employer, is enforceable by the client.

For a complete summary of the factual background of the case and court’s holding, click here

December 2012

Sexual HarassmentNelson v. James H. Knight DDS, P.C., 11-1857 (Iowa 2012)

   Issue:  Whether termination of a female employee because the employer’s wife, due to no fault of the employee, is concerned about the nature of the relationship between the employer and the employee constitutes sex discrimination in violation of the Iowa Civil Rights Act.

For a complete summary of the factual background of the case and court’s holding, click here.

SlanderHuyser v. Lynch, No. 11-1577 (Iowa Ct. App. 2012)

   Issue:  Whether evidence of loss or harm to reputation must be shown to justify an award of damages in slander per se cases.

For a complete summary of the factual background of the case and court’s holding, click here

March 2013

Evidence: Putnam v. Kalber, Case No. 2-1166 (Iowa Ct. App. 2013).

Issues: Whether the trial court erred by excluding evidence of the plaintiff’s ingestion of THC (i.e. marijuana).
For a complete summary of the factual background of the case and court’s holding, click here

Procedure:  Rucker v. Taylor, 11-1394 (Iowa 2013)

Issue:  Whether good-faith settlement negotiations satisfied the good-cause requirement for delaying service of the petition.

For a complete summary of the factual background of the case and court’s holding, click here

Premises LiabilityCrawford v. Yotty, et. al., 11-0934 (Iowa 2013)

Issue: Whether a plaintiff in a negligent premises liability action is entitled to jury instructions that advise the jury as to a landlord’s obligations under Iowa’s Uniform Residential Landlord Tenant Act (IURLTA).

For a complete summary of the factual background of the case and the court’s holding, click here

Underinsured Motorists:  Johnson v. Lockner, 2-1193 (Iowa Ct. App. 2013)

Issue:  Whether a two-year limitation on the time allowed for filing a lawsuit for underinsured motorists coverage is reasonable and enforceable under Iowa law.

For a complete summary of the factual background of the case and the court’s holding, click here

April 2013

Personal Jurisdiction: Shams v. Hassan, No. 12-0036 (Iowa 2013)

Issue:  Whether the exercise of personal jurisdiction over a nonresident defendant to a lawsuit filed in Iowa that alleged misappropriated funds from an Iowa bank account violates the Due Process Clause of the Fourteenth Amendment.

For a complete summary of the factual background of the case and the court’s holding, click here

May 2013

Contract Team Two, Inc. v. City of Des Moines, Iowa, No. 3-194 (Iowa Crt. App. 2013)

Issues: Whether the Court erred in not requiring the jury to show whether it based its verdict on a breach of a specific contract term or a breach of an implied covenant.   Whether the Court erred in allowing the jury to award future damages to Plaintiff.

For a complete summary of the factual background of the case and the court’s holding, click here

Underinsured MotoristEsad Osmic v. Nationwide Agribusiness Insurance Company and Westfield National Insurance Company, No. 3-261 / 12-1295 (Iowa Ct. App. 2013)

Issue:  Whether a third-party beneficiary asserting a claim against another insured’s UIM coverage with a contractual two-year limitation period is barred from asserting that claim after two years have passed, where the third-party was not advised of the limitation.

For a complete summary of the factual background of the case and the court’s holding, click here

Contract Farm Bureau Life Ins. Co. v. Holmes Murphy & Associates, Inc., 2013 WL 2127573 (Iowa 2013)

Issue:  Does an underwriting exclusion within an insurance company professional liability policy preclude coverage for indemnity claims arising from a life insurance company’s failure to disclose findings of an applicant’s HIV positive status to that applicant?

For a complete summary of the factual background of the case and the court’s holding, click here

August 2013

Iowa ProcedureCaldwell v. Holiday Lake Owners’ Association, Inc., No. 3-485 (Iowa Ct. App. 2013)

Issue:  Whether a defendant can join a party as a third-party defendant for purposes of contribution after the statute of limitations has run on Plaintiff’s cause(s) of action against that party?

For a complete summary of the factual background of the case and the court’s holding, click here

March 2014

Iowa ProcedureDonnell v. American Family Mutual Insurance Co., Iowa App., No. a-13-0672 (March 12, 2014)

Issue:  Whether a one-year limitations provision provided in an insurance contract conforms with and is enforceable under Iowa law.

For a complete summary of the factual background of the case and the court’s holding, click here

Strict LiabilityBurt v. Miller, Iowa App., Case No. 12-1934 (Mar. 26, 2014)

Issue:  Whether Iowa Code section 351.28 imposes strict liability upon the owner of a dog for all damages caused by the dog, regardless of the contributory negligence of others and regardless of the owner’s knowledge of the dog’s vicious propensities.

For a complete summary of the factual background of the case and the court’s holding, click here

Iowa ProcedureTravelers Property Casualty Co of America, et. al., v. Flexsteel Industries, Inc., Iowa App., Case No. 12-2014 (Mar. 26, 2014).

Issue:  This case presented two issues: (1) whether a company is entitled to a dismissal or stay of a declaratory judgment action filed in Iowa that seeks a determination as to whether that company’s insurer must defend an Indiana lawsuit, and (2) whether Iowa’s law on pollution exclusions applies when the insured causes damage in Indiana.

For a complete summary of the factual background of the case and the court’s holding, click here

Release AgreementsKafton v. Merchant, Iowa App., Case No. 13-1000 (Mar. 26, 2014).

Issue:  Whether a general release without any express reservation of rights constitutes a complete accord and satisfaction of all claims arising from the same incident.

For a complete summary of the factual background of the case and the court’s holding, click here