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Hausmann Construction v. Nationwide Mutual Insurance Company
Hausmann Construction, Inc., Plaintiff-Appellant
Nationwide Mutual Insurance Company f/k/a Allied Property and Casualty Insurance Company, Defendant-Appellee
Attorneys for Appellant
Tiffany S. Boutcher
Brenda K. Smith
Attorney for Appellee
Joseph D. Thornton
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge. AFFIRMED. Heard by Bower, C.J., and Ahlers and Badding, JJ. Opinion by Ahlers, J. (14 pages)
Hausmann Construction, Inc. (Hausmann) appeals the district court’s grant of summary judgment to Nationwide Mutual Insurance Company (Nationwide) on Hausmann’s breach-of-contract claim. OPINION HOLDS: To the extent Hausmann intends to make a claim against Nationwide in order to recover against another party insured by Nationwide, Iowa Code section 516.1 (2021) bars its claim. To the extent Hausmann seeks to recover from Nationwide as an additional insured under an insurance policy, the policy language does not require coverage from Nationwide until Hausmann “becomes legally obligated to pay as damages” the expenses it now seeks to recover. Because Hausmann was not legally obligated to pay the expenses as damages, the Nationwide policy does not cover the expenses.
