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Case No. 22-0096

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

Kelli Ann Willman
v.
James Ellerbach

County:
Dubuque

Appellee

Kelli Ann Willman

Appellant

James Ellerbach

Attorney for the Appellee

D. Flint Drake and Samuel M. Degree

Attorney for the Appellant

Todd J. Locher

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0096
Date Published:
Nov 02, 2022
Summary

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            James Ellerbach appeals a district court order directing him to provide Kelli Willman with the proceeds of a life insurance policy after he retained the value of outstanding loans.  He claims written contracts and oral agreements entitle him to the full value of the life insurance policy.  OPINION HOLDS: We find the district court properly found Ellerbach was entitled to the amount of outstanding debt secured by the life insurance policy rather than the entire proceeds.  The court also correctly calculated the sum of outstanding debt.  We affirm. 

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