DES MOINES, IOWA — Ben Erickson, a partner and lead trial attorney in the litigation division at Grefe & Sidney, P.L.C., recently achieved a complete summary judgment victory in the United States District Court for the Southern District of Iowa on behalf of his client.
The action, John Nisley and Anne Nisley v. Country Financial Insurance Company (Case No. 4:25-cv-00166-RGE-HCA), originated after the carrier denied a substantial homeowner’s insurance claim for full roof replacement following a June 2024 hail storm. Seeking in excess of $500,000 in property damages, the policyholders initially filed suit asserting claims for breach of contract, fraud, and bad faith.
Facing exposure to substantial property damage figures alongside high-stakes fraud and bad faith allegations, the defense built a targeted legal strategy centered on the policy’s unambiguous cosmetic damage exclusion and the lack of admissible proof of functional impairment. The exclusion specifically precluded coverage for alterations to the physical appearance of metal roof coverings that did not result in water penetration or a failure to keep out the elements over an extended period of time.
Through strategic motion practice, Erickson forced an early retreat on the extra-contractual counts, leading the plaintiffs to voluntarily dismiss their fraud and bad faith unfair settlement practices claims with prejudice.
On the remaining breach of contract claim, Erickson demonstrating that the plaintiffs’ expert offered only speculative conclusions regarding potential future deterioration rather than evidence of existing water penetration or functional failure. United States District Judge Rebecca Goodgame Ebinger agreed, rejecting the plaintiff’s “maybe someday” theory of damage and holding that speculative future corrosion failed to create a triable issue of material fact under the plain language of the policy.
On June 26, 2026, the Court granted summary judgment in full, completely resolving the claim in favor of his client.
About the Attorney
Ben Erickson is a civil litigation partner at Grefe & Sidney, P.L.C. in Des Moines, Iowa. As a high-stakes litigation attorney who has extensive experience defending and prosecuting high-dollar claims, he is a seasoned trial lawyer licensed across Iowa state and federal courts. He regularly represents commercial enterprises, construction firms, and national carriers in complex, high-exposure disputes.
For inquiries regarding Grefe & Sidney, P.L.C.’s civil litigation practice, please contact our Des Moines office.