DES MOINES, IOWA — Ben Erickson is a partner and lead trial attorney at Grefe & Sidney, P.L.C. Recently, he secured a complete summary judgment victory for his client. Specifically, the ruling came from the United States District Court for the Southern District of Iowa.
Federal Insurance Dispute
The case was John Nisley and Anne Nisley v. Country Financial Insurance Company (Case No. 4:25-cv-00166-RGE-HCA). The dispute arose after the insurer denied a homeowner’s claim for a full roof replacement following a June 2024 hailstorm. Ultimately, the policyholders sought more than $500,000 in property damages. In addition, they sued for breach of contract, fraud, and bad faith.
Defense Strategy and Policy Exclusion
At the outset, the claims placed the defense at risk of substantial property damages. Moreover, they included serious fraud and bad faith allegations. In response, Erickson developed a focused legal strategy based on the policy’s clear cosmetic damage exclusion. He also emphasized the lack of admissible evidence of functional impairment. Under the policy, the exclusion barred coverage for changes to the appearance of metal roof coverings. However, it applied only when the damage caused no water penetration or long-term failure to keep out the elements.
First, Erickson used strategic motion practice to challenge the extra-contractual claims early. As a result, the plaintiffs dismissed their fraud and bad faith unfair settlement practices claims with prejudice.
Federal Court Grants Summary Judgment
Next, on the remaining breach of contract claim, Erickson showed that the plaintiffs’ expert offered only speculative conclusions. Although the expert predicted possible future deterioration, he identified no existing water penetration or functional failure. Consequently, United States District Judge Rebecca Goodgame Ebinger agreed. She rejected the plaintiffs’ “maybe someday” theory of damage. Ultimately, the court held that possible future corrosion did not create a triable issue under the policy’s plain language.
Finally, on June 26, 2026, the court granted summary judgment in full. Thus, the ruling completely resolved the claim in favor of Erickson’s client.
About Des Moines Trial Attorney Ben Erickson
Beyond this result, Ben Erickson is a civil litigation partner at Grefe & Sidney, P.L.C. in Des Moines, Iowa. In particular, he is an experienced trial lawyer in high-stakes litigation. He defends and prosecutes high-dollar claims in Iowa state and federal courts. Additionally, Erickson regularly represents commercial enterprises, construction firms, and national carriers in complex disputes.
For inquiries, contact our Des Moines office or connect with Ben on LinkedIn.