Case No. 17-1607

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

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.