United States Eighth Circuit

In an action for action for breach of contract and bad-faith denial of an insurance claim, district court judgment is reversed and remanded where: 1) the court erred in holding that plaintiff's insurance claim was barred under the insurance policies' notice-of-loss provision, as plaintiff and defendant received notice of loss on the same day and thus plaintiff complied with the provision; and 2) the court erred in granting summary judgment for defendant on plaintiff's bad faith denial claim based on its analysis of the claim under Iowa law as the court failed to view the evidence in the light most favorable to plaintiff.

Appellate Information

• Decided 08/04/2009
• Published 08/04/2009

Judges

• SHEPHERD, Circuit Judge., Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David Titus Dekker, argued, Washington, DC, Melissa C. Lesmes, Washington, DC, John Alfred Templer, Jr., Stephen D. Marso, West Des Moines, IA, on the brief, for appellant.


• For Appellees:
  
• Kimbley A. Kearney, argued, Edward Kay, James Holey, and James R. Swineheart, on the brief, Chicago, IL, for appellee.