Case No. 18-1550

T.H.E. Insurance Company
v.
Estate of Stephen Paul Booher; Gladys F. Booher, as Administrator; and Gladys F. Booher, Individually

Stephen P. Booher was fatally injured while working at Adventureland Amusement Park. His estate and his widow, individually (the Boohers) allege he died as a result of multiple grossly negligent acts of the ride operator, Stuart R. Glen, in prematurely and wrongfully starting the ride. That case was later removed to federal district court (the underlying action). THEIC who is Adventureland’s liability carrier, filed its petition for declaratory judgment naming Glen and the Boohers in this proceeding. THEIC and the Boohers both sought pretrial summary judgment. The district court granted THEIC’s motion for summary judgment, determining that THEIC had neither a duty to defend Glen in the underlying action nor indemnify him as a defendant in the underlying action in the event the Boohers were successful in obtaining judgment against him. The Boohers appeal, arguing: (1) THEIC is bound to defend against and indemnify Glen for the significant Boohers’ claims; (2) the facts of this case defeat THEIC’s summary judgment motion and support entry of summary judgment in the Boohers’ favor; and (3) the district court’s determination that THEIC’s policies only cover “bodily injury” to the Boohers family members caused by an “accident” and are therefore beyond the reach of a gross negligence claims under Iowa Code section 85.20 is flawed.

County:

Polk

Trial Court Case No.:

CVCV054654