Cincinnati Insurance Company and Brown's Heavy Equipment
v.
Skyler McKasson
Appellee
Cincinnati Insurance Company and Brown's Heavy Equipment
Appellant
Skyler McKasson
Attorney for the Appellee
Michael J. Frey
Attorney for the Appellant
Brandon Brown
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, John J. Haney, Judge. AFFIRMED. Considered by Schumacher, P.J., and Ahlers and Langholz, JJ. Opinion by Langholz, J. (10 pages)
Skyler McKasson appeals the district court’s declaratory judgment that an employee of Brown’s Heavy Equipment did not have consent to drive Brown’s truck when it was in an accident with McKasson and thus that Brown’s is not liable under Iowa Code section 321.493(2)(a) (2021) and the employee was uninsured by Cincinnati Insurance Company. OPINION HOLDS: This declaratory judgment action was tried to the court at law—not in equity. So we review only for corrections of errors at law—not de novo as urged by McKasson. Thus, the district court’s factual findings are binding on us if supported by substantial evidence. Because we agree that substantial evidence supports the district court’s finding that the employee lacked consent to drive Brown’s truck, we affirm the court’s declaratory judgment.
