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Case No. 21-0623

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.

County:
Polk

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

Briefs

Supreme Court Opinion

Opinion Number:
21-0623
Date Published:
Apr 22, 2022
Date Amended:
Jun 20, 2022

Other Information

Date Retained:
Dec 29, 2021
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