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THORNTON v. HUBILL9/24/1997
ations to Thornton. Hubill, USF & G, and First Executive are entitled to summary judgment as a matter of law.
Thornton also argues there is a material fact issue regarding the assignee's identity. The settlement agreement indicates First Executive accepted the assignment of liability, while Executive Life actually made payments to Thornton. Under Thornton's theory, the discrepancy renders his acceptance of the assignment invalid. We find any resulting fact issue is not material. "An issue of fact is `material' only when the dispute is over facts that might affect the outcome of the suit, given the applicable governing law." Fees v. Mutual Fire & Auto. Ins. Co., 490 N.W.2d 55, 57 (Iowa 1992) (citation omitted). The unambiguous terms of the settlement agreement relieved Hubill, USF & G, and Economy Fire of all liability to make payments upon assignment. Thornton signed the acceptance of annuity contract and assignee. He accepted payments from Executive Life, and Executive Life made payments to him for nine years. Hubill, USF & G, and Economy Fire assigned their interests in the annuity and, consequently, the terms of the settlement agreement released them of liability to make payments to Thornton.
Our decision on this issue is dispositive. We therefore need not consider the remaining claims of the parties.
AFFIRMED. [571 NW2d Page 204]
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