 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
FERGUSON v. ALLIED MUT. INS. CO.2/23/1994
I. Introduction
This declaratory action concerns a controversy between two insurance companies, Allied Mutual Insurance Company (Allied), appellee, and Aetna Casualty and Surety Company (Aetna), appellant, over the coverage limits of a farm liability policy issued by Allied to John Ferguson, the named plaintiff in this matter.
The Dickinson County District Court entered a partial summary judgment in favor of Allied. Aetna appeals from that ruling. It contends the district court erred in holding that the Allied farm liability policy did not extend coverage to Aetna's insured for damage allegedly stemming from Ferguson's negligence. We affirm.
II. Standard of Review
Normally, when reviewing declaratory judgment actions, our standard of review is dependent on whether the case was brought in equity or at law in the district court. In re Mt. Pleasant Bank & Trust Co., 426 N.W.2d 126, 129 (Iowa 1988). That distinction is inconsequential on this appeal because the matter is before us on review of the district court's entry of summary judgment in favor of Allied. See KMEG Television, Inc. v. Iowa State Bd. of Regents, 440 N.W.2d 382, 384 (Iowa 1989). Our only task is to determine, after reviewing the entire record, whether a genuine issue of material fact exists and whether the trial court correctly applied the law. Id.; see also Hernandez v. Farmers Ins. Co., 460 N.W.2d 842, 843 (Iowa 1990).
III. History of Case
The following facts about this case are undisputed. Barnhill Associates, Inc., Salary Saving Plan and Profit Sharing Trust (Barnhill) advanced funds to Jim Hays (Hays) for investment in the hog market. Hays agreed to use the money advanced by Barnhill to purchase forty pound feeder pigs, fatten them, and sell them. Hays was to pay the sale proceeds from the fattened hogs to Barnhill. Barnhill purchased from Aetna a fiduciary responsibility insurance policy to cover its investment with Hays.
Ferguson was to care for the hogs. Ferguson purchased from Allied a farm liability policy. The Allied policy provided:
II. COVERAGES
A. COVERAGE L — Farm Liability
If a claim is made or a suit is brought against any "insured" for damages because of "personal injury," "bodily injury" or "property damage" caused by an "occurrence", to which this coverage applies, we will:
1. pay up to "our" limit of insurance for the damages for which the "insured" is legally liable; and
2. provide a defense at "our" expense by counsel of "our" choice. "We" may make any investigation and settle any claim or suit that "we" decide is appropriate. "Our" obligation to defend any claim or suit ends when the amount "we" pay for damages resulting from the "occurrence" equals "our" limit of insurance.
Under section I.A.4 of the policy the term "insured" means:
"you" and:
b. if the "named insured" is designated in the Declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such. . . .
Property damage is defined under the policy as "physical injury to or destruction of tangible [512 NW2d Page 298]
property, including loss of use of this property."
Section III.B.5 of the Allied policy expressly excludes from Coverage L "`property damage' to property rented to, occupied or used by or in the care of the `insured.'"
The Allied policy also contained the following endorsement:
INCIDENTAL ACTIVITIES ENDORSEMENT
The insurance afforded under Coverages
Page 1 2 3 4 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|