Steven DeVolder and Stephanie DeVolder
v.
State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company
Appellant
Steven DeVolder and Stephanie DeVolder
Appellee
State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company
Attorneys for the Appellant
S.P. DeVolder
William L. Kutmus
Attorney for the Appellee
Guy R. Cook and Adam D. Zenor
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, David M. Porter, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Danilson, C.J., McDonald, J., and Carr, S.J. Opinion by Carr, S.J. Dissent by McDonald, J. (11 pages)
Steven and Stephanie DeVolder appeal the grant of summary judgment in favor of State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company (collectively, State Farm). The DeVolders claim State Farm committed breach of contract, first-party bad faith, and fraud in processing their insurance claim. OPINION HOLDS: We agree with the district court that summary judgment is appropriate on the fraud and first-party bad faith claims. However, we find a genuine issue of material fact regarding the breach-of-contract claim. Therefore, we reverse on the breach claim and remand for further proceedings. DISSENT ASSERTS: The district court correctly decided the motion for summary judgment on the record presented.
