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Stine Seed Farm Inc. v. Farm Bureau Mutual Insurance Co.3/24/1999
injury or property damage caused by an "occurrence." An occurrence is defined in both policies as an accident that was not expected or intended from the standpoint of the insured. This definition comports with the legal one. Weber v. IMT Ins. Co., 462 N.W.2d 283, 287 (Iowa 1990) (in order to qualify as an accident, it must be unintended from the standpoint of the insured).
The Nielsens' suit against Stine was in no way derived from an accident. It resulted from Stine's deliberate refusal to submit in a contract dispute. Contract liability was expressly excluded from coverage under either policy so dismissal of count I-coverage for contract liability-was obviously correct.
Dismissal of the other counts was also correct. Under the authorities previously mentioned, Stine's coverage claim is not rescued by reasserting the identical facts as the basis for the second and subsequent counts it labeled as alternative legal theories. The remaining counts, whether labeled "conversion, unjust enrichment, joint venture or partnership, or negligence," were each on their alleged facts, based purely on a deliberate refusal to pay. This is not changed by artful draftsmanship. Because there was no "occurrence," there was no duty to defend. Inasmuch as there was no duty to defend, there was no duty to indemnify. The district court was correct in so holding.
AFFIRMED.
All Justices concur except Neuman, J., who concurs in the result only.
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