Chuck Steeve and Megan Steeve
v.
IMT Insurance Company
Appellant
Chuck Steeve and Megan Steeve
Appellee
IMT Insurance Company
Attorney for the Appellant
Jordan T. Glaser
Attorney for the Appellee
Douglas L. Phillips
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by Potterfield, P.J. (10 pages)
Chuck and Megan Steeve appeal from the district court’s summary dismissal of their lawsuit against IMT Insurance Company for breach of their insurance contract and coverage based on the doctrine of reasonable expectations. Under their breach-of-contract-claim, the Steeves argue the phrase “human force” is ambiguous and thus must be construed against IMT; there is a genuine issue of material fact regarding whether the plumbing failure was caused by “human forces”; and because there is a genuine issue of material fact regarding causation, this issue is not appropriate for summary judgment. Additionally, the Steeves maintain the district court erred in its refusal to apply the doctrine of reasonable expectations to their loss. OPINION HOLDS: Because it is undisputed that the damages to the Steeves’ home were the result of earth movement, the earth-movement exclusion applies and IMT did not breach the insurance contract. Additionally, IMT is entitled to judgment as matter of law on the claim of reasonable expectations. We affirm.
