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Case No. 17-1979

33 Carpenters Construction, Inc.
The Cincinnati Insurance Company

Plaintiff, a home repair contractor, appealed from a summary judgment dismissing its action against defendant insurer to recover insurance proceeds for plaintiff’s repair work on a storm-damaged home owned by defendant’s insured. Plaintiff contended it is entitled to recover from defendant under the policy based on the homeowner’s post-loss assignment of the claim to plaintiff, and the district court erred in finding that the assignment was invalid because plaintiff had acted as an unlicensed public adjuster in violation of Iowa Code chapter 522C. Defendant cross-appealed from the district court’s earlier ruling denying defendant’s application to terminate the case’s status as an expedited civil action. The court of appeals affirmed the summary judgment. Plaintiff seeks further review.

Trial Court Case No.:


33 Carpenters Construction, Inc.


The Cincinnati Insurance Company

Attorneys for the Appellant

Kyle J. McGinn
Edward F. Noethe

Attorney for the Appellee

Sean M. O’Brien

Supreme Court

Oral Argument Schedule


Jan 23, 2020 1:30 PM


Supreme Court Opinion

Opinion Number:
Date Published:
Feb 14, 2020
Date Amended:
May 14, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 06, 2019

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (11 pages)

            33 Carpenters Construction, Inc. appeals an order granting summary judgment in favor of The Cincinnati Insurance Company on its claim of breach of contract.  Cincinnati cross-appeals the court’s denial to remove the case from the expedited civil action process.  OPINION HOLDS: We find there is no genuine issue of fact that 33 Carpenters acted as a public adjuster without the proper licensure in connection with an assignment it obtained from a homeowner in relation to an insurance claim.  As such, the assignment between 33 Carpenters and the homeowner is unenforceable and Cincinnati is entitled to judgment as a matter of law.  We need not address Cincinnati’s cross-appeal.

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