SCREENING STATEMENT

 

No. 08-1635

 

Polk County No. CVCV006560

 

 

TIMOTHY L. MERRIAM, an Individual;

JUSTINE MERRIAM, both Individually

and as Next Best Friend of CHRISTOPHER

MERRIAM, a Minor, KAYLA MERRIAM, a

Minor, and COLLIN MERRIAM, a Minor,

Plaintiffs-Appellants,

 

vs.

 

FARM BUREAU INSURANCE, a

Corporation and/or FARM BUREAU

INSURANCE SERVICES, a Corporation;

and STEVEN C. STONEHOCKER, an

Individual,

Defendants-Appellees.

 

 

Trial Judge:          Scott D. Rosenberg                         

 

Appellate Counsel:

          Marc A. Humphrey, Urbandale, and Alan O. Olson, Des Moines, for appellants.

 

          Brian L. Campbell of Whitfield & Eddy, PLC, Des Moines, for appellees.

 

Trial Counsel:

          Appellate counsel for both sides

 

Trial judgment date: 9-12-08

 

Ready date: 4-27-09

 

Case context: The plaintiffs sued their insurance agent and Farm Bureau alleging the agent should have advised them of their need for self-employed workers' compensation insurance. They appeal from the district court's grant of the defendants' motion for summary judgment and argue: 1) the Iowa Supreme Court should change Iowa law and hold insurance agents have a duty to advise applicants or insureds regarding their insurance needs, and 2) their agent owed them a fiduciary duty as their insurance advisor.