Clarke Co., Ltd. v. American Family Mutual Insurance Co.

The Eighth Circuit affirmed the district court's grant of summary judgment for American Family, in an action brought by Clarke, alleging that the insurer wrongfully denied coverage for defense and indemnity of a lawsuit against Clarke in state court. The court held that the claims as pled in the underlying state court action did not give rise to a duty to defend under Iowa law, and no duty to indemnify could exist. In this case, the claims for damages caused by ice dams during the 2009-2010 winter did not rationally involve property damage that occurred before the policy expired in 2006. View "Clarke Co., Ltd. v. American Family Mutual Insurance Co." on Justia Law