Dale Boelman and Nancy Boelman v. Grinnell Mutual Reinsurance Company

826 N.W.2d 494, 2013 Iowa Sup. LEXIS 9, 2013 WL 387877
CourtSupreme Court of Iowa
DecidedFebruary 1, 2013
Docket11–0570
StatusPublished
Cited by102 cases

This text of 826 N.W.2d 494 (Dale Boelman and Nancy Boelman v. Grinnell Mutual Reinsurance Company) 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
Dale Boelman and Nancy Boelman v. Grinnell Mutual Reinsurance Company, 826 N.W.2d 494, 2013 Iowa Sup. LEXIS 9, 2013 WL 387877 (iowa 2013).

Opinion

WIGGINS, Justice.

This appeal involves the question of whether an insurance policy provides coverage to a custom farming operation. Both parties filed motions for summary judgment. The district court overruled the insurance company’s motion for summary judgment. The district court granted the insureds’ motion for summary judgment and entered judgment for the insureds based on the reasonable expectations doctrine. The court of appeals affirmed the district court’s judgment on alternative grounds, concluding the insurance policy was ambiguous and construing the ambiguity in favor of the insureds to find coverage. On further review, we conclude the policy is not ambiguous, and as a matter of law, the policy does not provide coverage. Additionally, we find there is no genuine issue of material fact as to the application of the reasonable expectations doctrine, and as a matter of law, the doctrine does not apply. Therefore, we vacate the decision of the court of appeals, *498 reverse the judgment of the district court, and remand the case to the district court with instructions to enter judgment in favor of the insurance company on its motion for summary judgment.

I. Background Facts and Proceedings.

The facts giving rise to this action are not in dispute. Dale and Nancy Boelman are farmers in Butler County. Their farming operation involves contract-feeding nursery hogs for others until the hogs are fattened and ready for market. Under one such arrangement, the Boelmans agreed to raise hogs owned by Budke Farms. A contractor, Schneider’s Milling, Inc., organized the arrangement. A “Sew Nursery Agreement” defined the Boel-man’s obligations.

Pursuant to that agreement, the Boel-mans fed, cared for, and managed the hogs supplied to them. They also were required to furnish all insurance on the building and hogs, specifically for suffocation of the animals. Meanwhile, Schneider’s Milling provided the feeder hogs, oversaw the farm’s management, paid for feed and medications, and compensated Dale for his efforts at $81,600 per year.

On October 4, 2008, the Boelmans had approximately 1254 nursery hogs on their farm. Of those, 585 hogs suffocated to death in the Boelmans’ building. The deaths occurred when Dale was cleaning out the manure basins. It is undisputed that the hogs were in the exclusive care, custody, or control of the Boelmans at that time. The Boelmans were required to exercise such control over the hogs pursuant to the “Sew Nursery Agreement.”

A. The Farm-Guard Policy. Approximately two years prior to the hog loss, on or about August 1, 2006, the Boelmans purchased a Farm-Guard policy from the First Maxfield Mutual Insurance Association (First Maxfield). Grinnell Mutual Reinsurance Company (Grinnell Mutual) reinsured the policy. Dale and Nancy Boelman are the named insureds. It is undisputed that the policy was in effect when the hog casualties occurred in October 2008.

Subsequent to the hog loss, the Boel-mans filed a claim with Grinnell Mutual to recover under their Farm-Guard policy. Grinnell Mutual denied the claim. The Boelmans borrowed funds and compensated Budke Farms for the casualty expenses totaling $24,075. The Boelmans then sued First Maxfield and Grinnell Mutual for breach of contract.

The Farm-Guard policy provides protection for property damage. It does so through five different types of coverage. This appeal concerns the Boelmans’ liability to the public for property damage under Coverage A and liability for damage to other’s property pursuant to Coverage A-1.

Both Coverage A and A-l adopt the same definition of property damage. The definition of property damage used throughout the policy is as follows:

15. “Property damage” means the physical injury to or destruction of tangible property. “Property damage” does not include loss of use unless the property has been physically injured or destroyed.

Under Coverage A, which protects the insured against liability to the public, the insurance company will pay up to the policy limits for “any one loss which any ‘insured person’ becomes legally obligated to pay as damages because of ... ‘property damage’ covered by this policy.” Grinnell Mutual covers $100,000 per loss occurrence, with a $200,000 annual aggregate. The policy, however, precludes recovery *499 under Coverage A in the following circumstance:

5. “We” do not cover “property damage” to property rented to, leased to, occupied by, used by, or in the care, custody or control of any “insured person” or any persons living in the household of an “insured person”....

(Emphasis added.)

Coverage A-l protects the insured from “any one loss for ‘property damage’ to property owned by others in the care of any ‘insured person.’ ” Grinnell Mutual compensates the insured for a loss at $1000 per occurrence. However, the following exclusion specifically applies to Coverage A-l:

2. “We” will not pay for “property damage” arising out of “custom farming.”

(Emphasis added.) The policy defines custom farming as: “any activity arising out of or connected with ... [the] care or raising of ‘livestock’ ... by any ‘insured person’ for any other person or organization in accordance with a written or oral agreement.” The policy states livestock includes hogs.

In addition to these coverage-specific exclusions, the Farm-Guard policy also includes general exclusions that are applicable “UNDER ANY OF THE COVERAGES.” Among those are two relevant provisions: one excluding recovery for property damage arising from the care, custody, or control of another’s property and one for custom farming. The provisions are as follows:

5. “We” do not cover “bodily injury” or “property damage” arising out of any premises:
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d. in the care, custody or control of any “insured person”; which is not an “insured premises”....
6. “We” do not cover “bodily injury” or “property damage” arising out of:
a. “custom farming” operations of any “insured person” if the “total gross receipts” from all “custom farming” exceed $2000 in the twelve months of the prior calendar year....

B. Custom Feeding Endorsement. The parties modified the basic Farm-Guard policy through several endorsements. Pertinent to this dispute is the Custom Feeding Endorsement. It is clear the parties intended and understood the endorsement changed the coverage under the policy. The endorsement’s caption states in bold and capital letters, surrounded by a box border: “PLEASE READ THIS ENDORSEMENT CAREFULLY, AS IT MODIFIES THE POLICY.”

The endorsement operates to modify the general exclusion under section 6(a) regarding custom farming. The endorsement provides:

EXCLUSIONS
UNDER ANY OF THE COVERAGES
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In consideration of the premium charged, exclusion 6.a.

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Bluebook (online)
826 N.W.2d 494, 2013 Iowa Sup. LEXIS 9, 2013 WL 387877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dale-boelman-and-nancy-boelman-v-grinnell-mutual-reinsurance-company-iowa-2013.