First National Bank of Missouri Valley v. Fidelity & Deposit Co. of Maryland

545 N.W.2d 332, 1996 Iowa App. LEXIS 5, 1996 WL 135658
CourtCourt of Appeals of Iowa
DecidedFebruary 2, 1996
Docket94-2042
StatusPublished
Cited by2 cases

This text of 545 N.W.2d 332 (First National Bank of Missouri Valley v. Fidelity & Deposit Co. of Maryland) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First National Bank of Missouri Valley v. Fidelity & Deposit Co. of Maryland, 545 N.W.2d 332, 1996 Iowa App. LEXIS 5, 1996 WL 135658 (iowactapp 1996).

Opinion

HAYDEN, Presiding Judge.

This action was brought by First National Bank of Missouri Valley, Iowa, (Bank) against two insurance companies, Fidelity and Deposit Company of Maryland (Fidelity) and Glen Falls Insurance Company (Glen Falls) for them failure to defend the Bank in a suit brought by Kurtis and Doris Goembel.

The Goembels filed a petition against the Bank alleging it breached a written contract and breached an implied contract of good faith and fair dealing. The petition alleged the Bank’s actions were intentional. According to the Goembels, they had borrowed money from the Bank to purchase certain farm property. The Goembels also had a business relationship with the Bank whereby they could borrow money from the Bank using multiple advance (or line of credit) operating notes. The line of credit agreement, entered into in February 1989, provided the Bank would loan the Goembels up to $60,000 for their farming operation. In July 1989 the Bank informed the Goembels it would only lend them an additional $11,700 even though approximately $39,900 remained on the line of credit. In January 1990 the Bank accelerated payment on the notes and demanded payment in full by February 21, 1990.

The Bank had a comprehensive general liability insurance policy with Glen Falls with a policy period from December 2, 1988, to December 2, 1989. The Bank also had a general liability insurance policy with Fidelity with a policy period from December 2, 1989, to December 2, 1990. The Bank notified Glen Falls and Fidelity of the Goembels’ lawsuit and requested coverage. Both insurers informed the Bank in writing that review of the petition indicated the policies did not afford coverage for the acts alleged nor was any duty to defend triggered by the action. Both insurers indicated, if the petition was amended or any other information came to light affecting the coverage, the Bank should notify them.

Following a trial on the Goembels’ claims, the jury returned a verdict in favor of the Bank. The Bank incurred legal expenses of $32,918.49 defending the action. In September 1993 the Bank filed this action against Glen Falls and Fidelity alleging there was no legal excuse for the insurers’ failure to defend the Bank in the suit brought by the Goembels. All parties moved for summary judgment. The court granted the insurers’ motion for summary judgment finding the Goembels’ suit against the Bank alleged intentional acts, a risk or cause excluded from coverage under the policies. Therefore, the court concluded, the insurers had no duty to defend.

The Bank appeals. First, the Bank claims the district court erred in finding the insurers had no duty to defend because the allegations in the Goembels’ petition presented a covered or potentially covered cause of action. More specifically, the Bank maintains the petition could also support two negligence causes of action: breach of duty of good faith and fair dealing and professional negligence. Second, the Bank claims the court erred in finding the insurers could require the Bank to seek out and provide additional information before it would provide a defense. Lastly, the Bank argues the court erred in referring to the outcome of the Goembels’ suit in its ruling on the summary judgment motions.

I. Standard of Review.

We review a district court’s ruling granting summary judgment for errors at law. Iowa R.App.P. 4. Lihs by Lihs v. Lihs, 504 N.W.2d 890, 892 (Iowa 1993). Summary judgment is proper only when there is no genuine issue of fact and the moving party is entitled to judgment as a matter of law. Id. On review we determine whether a genuine issue of fact exists and whether the law was applied correctly. Id.; see also House v. Moulder, 469 N.W.2d 265, 266 (Iowa App.1991) (trial court’s decision on cross motions for summary judgment is reviewed to determine whether the law was correctly applied).

II. Duty to Defend.

First, we must determine whether this case was appropriate for summary judg *335 ment. As stated above, summary judgment is proper only when the entire record before the court shows there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. McKiness Excavating v. Morton Bldgs., 507 N.W.2d 405, 408 (Iowa 1993). No fact question exists if the only dispute concerns the legal consequences flowing from undisputed facts. Id. The parties in this case stipulated there were no material facts in dispute and the only issue involved the construction and interpretation of the insurance agreements. Construction and interpretation of an insurance policy are questions of law for the court. Essex Ins. Co. v. Fieldhouse, Inc., 506 N.W.2d 772, 775 (Iowa 1993). Because the issue presented involves a pure question of law, it is suitable for summary disposition. McKiness Excavating, 507 N.W.2d at 408.

Next, we must determine whether defendants had a duty to defend the Bank against the Goembels’ lawsuit. An insurer has a duty to defend whenever there is potential or possible liability to indemnify the insured based on the facts appearing at the outset of the case. First Newton Nat. Bank v. General Cas. Co., 426 N.W.2d 618, 623 (Iowa 1988). We look first and primarily to the petition for the facts at the outset of the case. Id. When necessary, we expand our scope of inquiry to any other admissible and relevant facts in the record. Id. Such expansion is especially necessary under “notice pleading” petitions which often give few facts upon which to assess an insurer’s duty to defend. McAndrews v. Farm Bureau Mut. Ins. Co., 349 N.W.2d 117, 119 (Iowa 1984). An insurer cannot await the outcome of the trial to furnish the defense if potential liability appears at an earlier stage. Id. “On the other hand, an insurer is not required to provide a defense when no facts presently available to it indicate coverage of the claim merely because such facts might later be added by amendment or introduced as evidence at the trial.” Id.

In the present case, we now look to the pleadings and all other “admissible and relevant facts,” McAndrews, 349 N.W.2d at 119 (quoting Central Bearings Co. v. Wolverine Ins. Co., 179 N.W.2d 443, 445 (Iowa 1970), to determine if Fidelity and Glen Falls had a duty to defend. Coverage is triggered under both insurance policies if the Bank is obligated to pay damages because of bodily injury or property damage caused by an “occwTence.”

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545 N.W.2d 332, 1996 Iowa App. LEXIS 5, 1996 WL 135658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-of-missouri-valley-v-fidelity-deposit-co-of-iowactapp-1996.