Hall and Erickson Succeed at Court of Appeals

Posted on: June 25th, 2019

In 1997, Plaintiff purchased an automobile insurance policy from client Liberty Mutual Insurance Company. At that time, plaintiff made the decision not to purchase underinsurance coverage. Subsequent to purchasing the policy, plaintiff was involved in an auto accident. After settling with the tortfeasor, plaintiff sought underinsured benefits from Liberty pursuant to Iowa Code section 516A.1, which generally requires automobile liability insurance carriers to offer underinsured coverage absent specific rejection of such coverage. Hall and Erickson moved for summary judgment. On April 6, 2018, the Iowa District Court for Polk County ruled that plaintiff was not entitled to receive underinsured benefits “that he did not purchase nor can he avail himself of Iowa law merely by moving his residence to Iowa unbeknownst to [the insurance company].”

Plaintiff appealed. Hall and Erickson briefed a resistance to Plaintiff’s appeal. Erickson argued Liberty’s position to the Court. On June 5, 2019, after hearing oral arguments from Erickson and plaintiff’s counsel, the Iowa Court of Appeals agreed with the district court’s analysis and affirmed its decision.

A copy of the appellate court decision is available here. Dunigan v. Liberty Mutual Insurance Company, No. 18-0692 (Iowa Ct. App. June 5, 2019).

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