Appellate Court Upholds Decision Finding Disclaimer of Implied Warranties Enforceable

April 11, 2016

The plaintiff, R.J. Meyers Company, appealed a district court’s grant of summary judgment in favor of defendants, Reinke Manufacturing Company, Inc., and Hook’s Point Irrigation in a breach of warranty action. In August of 2011, R.J. Meyers Company purchased an irrigation system from Hook’s Point irrigation. The irrigation system was manufactured by Reinke Manufacturing Co. […]


Cook, McNulty, and Moser Win Appeal for SCE Partners, LLC

April 8, 2016

On March 23, 2016, the Iowa Court of Appeals affirmed the district court decision upholding the Iowa Racing and Gaming Commission’s award of a gambling license to SCE Partners, LLC and its non-profit partner, Missouri River Historical District (MHRD), to operate the Hard Rock Casino in Sioux City, Iowa.  On appeal, Belle of Sioux City […]


Iowa Supreme Court Holds Driver Hired by Lessor Trucking Company is An Insured Under Lessee’s Insurance Policy

March 11, 2016

In 2010, United Suppliers entered into a lease agreement with Hanson Trucking for Hanson to provide a semi-tractor and driver for delivery of United Suppliers’ product.  The owner of Hanson Trucking originally did the deliveries, but then hired a separate driver.  On one occasion, the hired driver lost control of the truck resulting in a […]


Mitchell Wins Defense Verdict for Guthrie County Farmer

March 2, 2016

On February 29, 2016, Clark Mitchell obtained a defense verdict for Defendant David Benner, a Guthrie County farmer, who had been accused of wrongfully removing trees near a property line shared with his neighbor.  Plaintiffs alleged negligence, trespassing, and intentional destruction of trees pursuant to Iowa Code section 658.4.  Additionally, Plaintiffs sought punitive damages.  Two […]


Cook and Zenor Obtain Defense Verdict in Breach of Insurance Contract Action

February 15, 2016

On February 11, 2016, attorneys Guy Cook and Adam Zenor obtained a defense verdict in a vehicle fire case. Plaintiff sustained a vehicle fire after his vehicle had allegedly malfunctioned.  State Farm denied the claim. Plaintiff claimed State Farm owed under the terms of his policy because the fire was accidental – not intentionally set. […]


Iowa Court of Appeals Rules No Mistrial for Mention of Insurance During Jury Selection

February 10, 2016

During voir dire of a race discrimination trial, a potential juror noted that he was in the insurance business and handled employee benefit insurance for the defendant.  He noted that his company did not provide employee practice liability coverage, but nonetheless viewed it as a conflict of interest.  Another potential  juror noted that his company […]


Iowa Supreme Court to Hear Oral Argument in Special Evening Session

On February 16, 2016, at 7:00 p.m. the Iowa Supreme Court will hear oral arguments in the case The Estate of Paul Dedrick Gray, et al. v. Daniel J. Baldi, et al. during a special evening session open to the public in the Supreme Court courtroom. The case stems from litigation involving Dr. Daniel Baldi.  […]


Iowa Supreme Court Holds Bad Faith Action Must Be Brought at Time of Breach of Contract Action If At All

February 3, 2016

In this case, restaurant owners claimed insurance benefits for a restaurant fire.  The insurer made payments for personal property losses, building loss, and business interruption.  Unsatisfied with the payment amounts, the restaurant owners sued for breach of contract.  They obtained a jury verdict for the additional unpaid value of the building and additional personal property […]


Expanded Medicare Coverage for End-Of-Life Care Planning

January 29, 2016

Starting January 1, 2016, Medicare is expanding coverage to include “advance care planning.”  Advance care planning is designed to help individuals identify their health care options for end-of-life care and determine which option best fits their needs and wishes.  Often, this may include creating or updating a living will that clearly reflects the individual’s preferences […]


Steps to Take When a Loved One Dies

The death of a loved one is often met with a period of grief and adjustment. Determining what must be done to wind up the decedent’s financial affairs can be overwhelming, especially during this time.  The following are some steps that should be considered when a loved one dies: Final Arrangements.  The most immediate task […]