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Richard Gerdts
v.
Donan Engineering Co., Inc., and Lance L. Telellier, P.E.
Appellant
Richard Gerdts
Appellee
Donan Engineering Co., Inc., and Lance L. Telellier, P.E.
Attorney for the Appellant
James C. Larew and Claire M. Diallo
Attorney for the Appellee
Eric G. Hoch and Kevin J. Driscoll
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, John Telleen and Stuart P. Werling, Judges. AFFIRMED. Heard by Tabor, P.J., Badding, J., and Blane, S.J. Opinion by Blane, S.J. Partial Dissent by Tabor, P.J. (28 pages)
Homeowner Richard Gerdts appeals the grant of Donan Engineering Co., Inc. and Lance LeTellier’s motions to dismiss and for summary judgment related to denial by his insurance company regarding hail damage to the roof of his duplex. Gerdts appeals three of those rulings. OPINION HOLDS: We affirm the dismissal of the negligence claim on the economic loss rule, and the grant of summary judgment on the third-party-beneficiary claim as Gerdts was not an intended beneficiary. But we find the district court applied an incorrect legal standard on the tortious-interference-with-contract claim. Still, we affirm on an alternative theory raised below. Donan is entitled to summary judgment on the tortious-interference claim as well, and we affirm dismissal. PARTIAL DISSENT ASSERTS: I would find Gerdts generated a question of material fact whether Donan wrongfully interfered with the insurance contract, so I would reverse and remand for a trial on the tortious-interference claim. I concur with the majority on the remaining issues.
