Jesse’s Embers, LLC d/b/a Jesse’s Embers
v.
Western Agricultural Insurance Company d/b/a Farm Bureau Financial Services
On March 17, 2020, the governor of Iowa issued a proclamation closing restaurants and bars because of the health threats posed by COVID-19. Jesse’s Embers brought an action against Western Agricultural Insurance Company after Western Ag denied its claim for loss of income under its business interruption insurance policy. Jesse’s Embers sought a declaratory judgment regarding coverage, and alleged Western Ag breached the contract and acted in bad faith for its denial of coverage. Jesse’s Embers appeals from the district court’s entry of summary judgment for Western Ag. It argues the court erred by holding Jesse’s Embers had not suffered a covered loss because there was no physical alteration to its property, and the virus exclusion was not applicable because the proclamation, not the virus, caused it to close.
Appellant
Jesse’s Embers, LLC d/b/a Jesse’s Embers
Appellee
Western Agricultural Insurance Company d/b/a Farm Bureau Financial Services
Attorneys for the Appellant
James W. Carney
Nicholas J. Mauro
Attorney for the Appellee
Karl T. Olson
Supreme Court
Oral Argument Schedule
Non-Oral
Feb 22, 2022 1:30 PM
