Bradshaw Law

Bradshaw Attorneys Successfully Defend Insurance Company on Appeal

March 2, 2017

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On January 11, 2017, the Iowa Court of Appeals affirmed a Polk County District Court ruling granting summary judgment in favor of Defendant, a local insurance company, finding there was no coverage under the policy of insurance for the  death of livestock. Defendant insurance company was represented by Bradshaw Law Firm attorneys Scott Wormsley and Caroline K. Bettis. Plaintiff had filed a lawsuit against Defendant, seeking insurance coverage for the suffocation death of 837 hogs. At the time of the loss, the hogs were being custom fed by another farmer. At district court, Defendant moved for summary judgment on the basis that the policy, with a custom feeding endorsement, did not provide coverage for the loss due to specific policy exclusions. The district court found there was no coverage for the loss and granted summary judgment in favor of Defendant. Plaintiff sought further review and on appeal, the Iowa Court of Appeals affirmed that while the custom feeding endorsement modified the base policy in certain, limited ways, other policy exclusions still applied and eliminated coverage for the loss. Plaintiff sought further review from the Iowa Supreme Court, which was denied on March 2, 2017.

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