Practice Area: Business

IOWA SUPREME COURT HOLDS “DIRECT PHYSICAL LOSS OF OR DAMAGE TO PROPERTY” LANGUAGE IN A COMMERCIAL PROPERTY INSURANCE POLICY REQUIRES A PHYSICAL ASPECT TO THE LOSS

May 17, 2022

In March 2020, Governor Reynolds issued a proclamation closing all bars and restaurants from dine-in or in-person services in response to the COVID-19 pandemic. In compliance with the proclamation, both Jesse’s Embers (Des Moines bar and restaurant) and Wakonda Club (Des Moines country club) closed down. Both businesses had commercial property insurance with similar language […]


Ben Erickson Secures Defense Verdict

April 1, 2022

On March 1, 2022, Ben Erickson obtained a defense verdict on behalf of a local business. The case stems from claims that Erickson’s client negligently caused thousands of dollars’ worth of damage to Plaintiff’s property. The case proceeded to trial on February 21, 2022. After considering the evidence presented at trial, including contradictory statements harvested […]


COVID-19 Related Litigation

June 22, 2020

Grefe & Sidney is already handling Coronavirus/COVID-19 related litigation.  Countless businesses have been affected by this pandemic, causing disruptions with both demand and supply.  Our firm is involved in defending claims that business interruption clauses contained in many insurance policies should be triggered by pandemic related/government ordered closures.  In addition, the first of what is […]


Mitchell & Currie Successfully Enforce Forum Selection Clause

August 26, 2019

On August 5, 2019, Clark Mitchell and Michael Currie obtained a dismissal for their client.  Plaintiff contracted with Defendant for the purchase and installation of three hoop buildings.  Plaintiff entered into a warranty agreement with Defendant at this time.  The warranty agreement provided that Defendant would repair or replace any product covered under the warranty, […]


Court of Appeals Decision Reminds Bailees That They Have a Duty to Care for Bailors’ Property While it is in Their Possession

April 29, 2019

Plaintiff and Defendant were business associates, who had an oral agreement regarding a salvage yard business. Plaintiff locked Defendant out of the business and filed suit for breach of an oral contract. Plaintiff also obtained a temporary injunction that prevented Defendant from returning to the business property, where many of Defendant’s tools, equipment, and inventory […]


BUSINESS OWNERS REMINDED TO FOLLOW CORPORATE FORMALITIES

February 21, 2019

Many business owners choose to organize their businesses as separate legal entities such as corporations or LLCs. There are many advantages for doing so, but one of the primary advantages a corporation or an LLC provides a business owner is limited liability protection.  This means that, generally, if a plaintiff wins a lawsuit against a […]


INC., LLC, PLC, HUH? THE BASIC STRUCTURES OF BUSINESSES

October 12, 2017

Over the next few newsletters, we will be doing a series on “The Basics” of a variety of things in our practice areas, including Trusts, Residential Real Estate Transactions, Probate, etc. In this Newsletter, we are starting with business structures and how they each differ from one another. Sole Proprietorship – A sole proprietor is […]


THE BASICS OF SECTION 1031 LIKE KIND EXCHANGES

February 2, 2017

Internal Revenue Code Section 1031 Like Kind Exchanges (LKE) can be incredibly beneficial upon the sale of income producing property, but are one of the most underutilized sections of the tax code. A LKE is a transaction or series of transactions that allows for the disposal of an asset and the acquisition of another replacement […]


Insurers Beware—Pay-For-Performance Program Used to Support Punitive Damages In Bad Faith Claim

July 20, 2015

An eleven year old girl, K.N.T., was seriously injured in an ATV accident. The drivers of the ATV were uninsured, so K.N.T.’s mother filed an uninsured motorist claim with her own insurance provider, American Family. The American Family claims manager responsible for the claim denied it, citing an exclusion contained in a generic American Family […]


Resources For Small Business Owners

July 8, 2015

If you own a small business, you know that it can be difficult to manage the day-to-day operations of the business while also keeping up with all of the rules and regulations employers must follow.  Fortunately, there are many resources available to assist small business owners on many topics, such as: Employees: If you intend […]