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Case No. 18-1279

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

Employers Mutual Casualty Company
v.
John H. Smith

Appellant

Employers Mutual Casualty Company

Appellee

John H. Smith

Attorneys for Appellant

Matthew G. Novak and Stephanie L. Hinz

Attorneys for Appellee

William J. Bribriesco

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1279
Date Published:
Jul 03, 2019
Summary

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  REVERSED AND REMANDED.  Heard by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J., but decided by Vaitheswaran, P.J., Mahan, S.J., and Vogel, S.J.  Opinion by Mahan, S.J.  (8 pages)

            Employers Mutual Casualty Company appeals from the ruling granting John H. Smith summary judgment in its breach-of-contract action.  OPINION HOLDS: The district court erred in entering summary judgment for Smith because there is no identity of issues that would warrant the application of defensive issue preclusion.  We reverse and remand for further proceedings.   

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