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Case No. 17-1671

For summaries from opinions prior to August, 2018, view PDF versions here

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:
17-1671
Date Published:
Oct 24, 2018
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.

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