Practice Area: Insurance Coverage & Defense

Court of Appeals Affirms Summary Judgment Involving Breach of Contract Claim Against Insurance Company

December 7, 2018

Plaintiffs purchased a home in Council Bluffs, Iowa in June 2015. They purchased insurance coverage for the home through Defendant. In September 2015, Plaintiffs’ newly purchased home developed serious foundational deficiencies. After Plaintiffs informed Defendant of the damage, Defendant sent representatives to the home to conduct an investigation. Upon completion of their investigation, Defendant sent […]


Erickson Obtains Defense Verdict in Negligence Case

Ben Erickson recently obtained a defense verdict on behalf of two local clients. The case stemmed from an auto accident with disputed liability. At trial, Erickson presented evidence that the defendant driver was not at fault, and that the plaintiff’s own actions caused the accident. A Polk County jury agreed, and returned a verdict in […]


Iowa Court of Appeals Affirms Jury’s Finding that Plaintiff’s Alleged Symptoms were the Result of Preexisting Conditions

On May 22, 2013, plaintiff’s vehicle was struck from behind by defendant at an intersection. The evidence showed defendant had not applied the gas pedal and was traveling less than five miles per hour. Neither vehicle showed physical damage. The evidence further showed plaintiff had “multiple musculoskeletal problems” prior to the accident at issue. Plaintiff […]


The Recent Amendments to Iowa’s Dramshop Act

July 12, 2018

Adam Zenor’s article reviewing the Iowa legislature’s recent amendments to Iowa’s Dramshop Act was featured in the Iowa Lawyer, a publication by the Iowa Bar Association.  These recent amendments went into effect July 1, 2018. Should you have interest in the amendments or their potential impact, please feel free to link to the feature article […]


Zenor and Van Waardhuizen Succeed at Court of Appeals

June 6, 2017

On February 27, 2015, the vehicle Rhonda Banwart was driving was impacted from the rear by a woman, who had recently been a patron at Draught House 50 in West Des Moines.  Banwart sued the woman who rear-ended her and Draught House 50 under Iowa’s dram shop act, for allegedly overserving the woman.  Adam Zenor […]


Thomas and Martino Win Defense Verdict for Des Moines Industry

March 21, 2017

Mark Thomas and Laura Martino secured a defense verdict for their clients The Monarch Cement Company and Monarch Cement of Iowa in a trip and fall case brought by a railroad employee.  The plaintiff, in a case brought before the Federal District Court for the Southern District of Iowa, alleged that the Monarch defendants failed […]


Donna Miller Successfully Defends Manufacturer in Rare Asbestos Trial

December 8, 2016

Donna Miller and national counsel obtained a defense verdict for the manufacturer of a brake shoe grinder.  Asbestos cases rarely go to trial in Iowa, and this one lasted nearly four weeks in Cedar Rapids. In this case, the plaintiff had been an auto mechanics instructor and sued over 20 defendants, including brake shoe and […]


Kuehner Wins Defense Verdict

September 16, 2016

During the week of September 13, Michael Kuehner successfully defended an Woodbury County automobile driver in a lawsuit stemming from a rear-end car accident.  At trial, Plaintiff alleged that the accident caused him serious low back pain and leg numbness.  He presented testimony from a treating physician stating his injuries were permanent, and they would […]


Thole Successfully Defends Insurer in Declaratory Judgment Action

September 12, 2016

Plaintiff NE Iowa Silo purchased a workers’ compensation insurance policy through an independent insurance agent. Plaintiff has job sites and employees based in Iowa and Wisconsin. The insurance agent told plaintiff the workers’ compensation policy provided coverage for employee injuries arising under Iowa and Wisconsin workers’ compensation law. While working in Wisconsin, one of plaintiff’s […]


Aden Obtains Defense Verdict in Negligence Case

August 19, 2016

During the week of August 15, 2016, Allyson Aden obtained a defense verdict in favor of a local business in Fort Madison, Iowa.  The Plaintiffs alleged Sears Hometown Store negligently installed a refrigerator inside the Plaintiffs’ home, causing water damage to the property. Sears Hometown Store, represented by Aden, denied  Plaintiffs’ allegations and argued the […]