Clark-Peterson Co. v. Independent Insurance Associates, Ltd.

514 N.W.2d 912, 1994 Iowa Sup. LEXIS 80, 1994 WL 138744
CourtSupreme Court of Iowa
DecidedApril 20, 1994
Docket93-470
StatusPublished
Cited by27 cases

This text of 514 N.W.2d 912 (Clark-Peterson Co. v. Independent Insurance Associates, Ltd.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark-Peterson Co. v. Independent Insurance Associates, Ltd., 514 N.W.2d 912, 1994 Iowa Sup. LEXIS 80, 1994 WL 138744 (iowa 1994).

Opinion

HARRIS, Justice.

The question here is whether all of plaintiffs’ viable claims were subsumed in a prior recovery. Believing they were the trial court entered summary judgment in favor of defendant insurance company. We modify, affirm and remand.

The principal plaintiff, Clark-Peterson Co., purchased a multi-peril policy and a contractor’s umbrella liability policy from defendant Cincinnati Insurance Co. (Cincinnati) through its agent defendant Dick Wissink and Independent Insurance Associates (for simplicity we hereinafter refer to Wissink and his agency in the singular as Wissink). The plaintiffs claim the policy was purchased on the basis of representations that it would cover employment discrimination claims.

Plaintiffs were later sued for wrongful discharge in a case based on alcoholism disability. Told there was no coverage under the policy, they obtained private counsel to defend the suit. Cincinnati eventually provided a defense, reserving the right to deny coverage if damages were awarded. The employment discrimination suit was thereafter settled for a substantial amount. Clark-Peterson and Cincinnati agreed to pay fifty percent with each side reserving its right to litigate coverage questions in a declaratory judgment action.

The plaintiffs then sued the defendants for declaratory judgment, claiming coverage. The suit also alleged breach of contract, negligence, breach of fiduciary duty, misrepresentation and intentional infliction of emotional distress based on Cincinnati’s refusal to provide insurance coverage on the employment discrimination claim. The request for declaratory judgment was separated from the plaintiffs’ other claims for trial.

Upon trial declaratory judgment was entered, declaring that Clark-Peterson had coverage for employment discrimination claims under the policy issued by Cincinnati. Cincinnati appealed and we affirmed, holding Clark-Peterson had coverage, but only under the reasonable expectations doctrine. Clark-Peterson Co. v. Independent Ins. Assocs., 492 N.W.2d 675, 679 (Iowa 1992). Cincinnati promptly reimbursed Clark-Peterson for the fifty percent it previously paid in the discrimination suit.

The district court subsequently granted summary judgment on all other claims and the matter is before us on plaintiffs’ appeal from that order. We must determine whether there existed genuine issues of material fact and whether the district court correctly applied the law. KMEG Television, Inc. v. Iowa State Bd. of Regents, 440 N.W.2d 382, 384 (Iowa 1989). The claims against Cincinnati will be discussed in divisions I. through V. that follow. The claim against Wissink will be separately discussed in division VI.

I. The district court’s grant of summary judgment was on a finding that all issues remaining after our prior decision were premised on defendant’s failure to provide coverage. If all the claims do constitute bad-faith claims, as the district court is accused of finding, the matter could properly be determined as a matter of law. In a bad-faith action, where “an objectively reasonable basis for denial of a claim exists, the insurer, as a matter of law, cannot be held hable for bad faith.” Reuter v. State Farm Mut. Ins. Co., 469 N.W.2d 250, 254 (Iowa 1991). That is, where coverage is “reasonably debatable” the insurer is free to debate it. This is true because the insurer has the right to have its rights adjudicated without being subject to tort claims. See Hilde v. United States Fire Ins. Co., 184 Ga.App. 611, 362 S.E.2d 69, 71 (1987).

The plaintiffs primarily argue that the district court misconstrued their claims. Under their interpretation, the district court viewed the entire set of tort and contract claims as constituting a bad-faith denial of insurance coverage suit. The plaintiffs attack this construction and assert instead that they raise their claims with regard to Cincinnati’s tor- *915 tious sale of the policy, not the later denial of coverage thereunder.

The plaintiffs’ characterization of the district court’s order is only half correct. The district court dealt with plaintiffs’ bad-faith claims in one way and claims related to the initial sale in another. A successful plaintiff is entitled to one, but only one, full recovery, no matter how many theories support entitlement. Team Cent., Inc. v. Teamco, Inc., 271 N.W.2d 914, 925 (Iowa 1978) (purpose of damages is to restore injured party to position enjoyed before injury; damages should not be duplicative); DeWall v. Prentice, 224 N.W.2d 428, 434 (Iowa 1974) (purpose of compensation is to restore injured party, not to permit receipt of more than was lost).

Remembering that the loss complained of in this litigation was withheld insurance coverage, we turn to plaintiffs’ various theories to decide whether they relate to the same, or to different injuries.

II. In their breach of contract claim, plaintiffs assert that defendants orally agreed to provide discrimination coverage. Because we ultimately determined the policy failed to cover intentional acts of discrimination, the plaintiffs argue breach of this oral contract. As plaintiffs point out, this is not a bad-faith claim, but instead arises from alleged bad acts at the time of sale. But plaintiffs have already recovered. By reason of our prior decision plaintiffs have received the coverage and Cincinnati has provided it by paying the damages.

In the claim based on breach of fiduciary duty, plaintiffs assert that defendants failed to provide the agreed upon discrimination coverage in the policy actually sold, constituting a breach of their fiduciary duties. This is not a bad-faith claim either because it attacks conduct at the time of sale not at the time of denial. Once again, though, Cincinnati ultimately complied with any duty by providing the coverage.

The same must be said for plaintiffs’ claim of negligent misrepresentation. This claim rests on essentially the same factual allegations as the contract claim and fiduciary claim. It is not a bad-faith claim. But, because we ultimately required coverage, Cincinnati has already answered for any negligent misrepresentation unless consequential damages are also recoverable. We conclude they are not. Finally, plaintiffs’ negligence claim is not a bad-faith claim either, but, because it relies on the same alleged “misrepresentations” asserted in the other claims, Cincinnati has already answered for it.

III. Although it is not entirely clear from the briefs, we understand the plaintiffs seek attorney fees on two separate claims. First they request attorney fees incurred in the underlying discrimination suit which Cincinnati initially refused to defend. Second, they request attorney fees in the declaratory judgment portion of this action.

The attorney fees incurred when plaintiffs’ employee sued them for discrimination are recoverable.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Miranda v. Said
836 N.W.2d 8 (Supreme Court of Iowa, 2013)
Guardian Angel v. MetaBank
D. New Hampshire, 2011
ROCKY MOUNTAIN FESTIVALS v. Parsons Corp.
242 P.3d 1067 (Supreme Court of Colorado, 2010)
Feller v. Hartford Life & Accident Insurance
817 F. Supp. 2d 1097 (S.D. Iowa, 2010)
Napreljac v. John Q. Hammons Hotels, Inc.
461 F. Supp. 2d 981 (S.D. Iowa, 2006)
Niver v. Travelers Indem. Co. of Illinois
412 F. Supp. 2d 966 (N.D. Iowa, 2006)
Bellville v. Farm Bureau Mutual Insurance Co.
702 N.W.2d 468 (Supreme Court of Iowa, 2005)
WELLS'DAIRY, INC. v. Travelers Indem. Co. of Illinois
266 F. Supp. 2d 964 (N.D. Iowa, 2003)
Lyons v. Midwest Glazing, L.L.C.
235 F. Supp. 2d 1030 (N.D. Iowa, 2002)
United Fire & Casualty Co. v. Shelly Funeral Home, Inc.
642 N.W.2d 648 (Supreme Court of Iowa, 2002)
Jeanes v. Allied Life Insurance
168 F. Supp. 2d 958 (S.D. Iowa, 2001)
Revere Transducers, Inc. v. Deere & Co.
595 N.W.2d 751 (Supreme Court of Iowa, 1999)
Molo Oil Co. v. River City Ford Truck Sales, Inc.
578 N.W.2d 222 (Supreme Court of Iowa, 1998)
Berglund v. State Farm Mutual Automobile Insurance
121 F.3d 1225 (Eighth Circuit, 1997)
AMCO Mutual Insurance Co. v. Lamphere
541 N.W.2d 910 (Court of Appeals of Iowa, 1995)
Reedy v. White Consolidated Industries, Inc.
890 F. Supp. 1417 (N.D. Iowa, 1995)
Morgan v. American Family Mutual Insurance
534 N.W.2d 92 (Supreme Court of Iowa, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
514 N.W.2d 912, 1994 Iowa Sup. LEXIS 80, 1994 WL 138744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-peterson-co-v-independent-insurance-associates-ltd-iowa-1994.