Bruhn Farms Joint Venture v. Fireman's Fund Ins. Co., No. 15-2202 (8th Cir. 2016)
Annotate this CaseIn this insurance dispute over the adjusted value of hail-damaged crops in northwest Iowa, Bruhn challenged the district court's grant of summary judgment for Fireman's. The court concluded that there is a factual dispute about whether Fireman's breached its obligations to its insured in this case. Bruhn contends that Fireman's breached the agreement by tendering payment for the loss without first reaching agreement with Bruhn, without entry of a final judgment, and without the filing of any appraisal award. Fireman's contends that the provision merely provides a payment deadline, not a condition precedent to payment issuance. Because there is an issue of fact as to whether Fireman's breached the insurance contract and because the factual issues in the breach claim are relevant to the bad-faith claim, this claim survives summary judgment as well. Accordingly, the court reversed and remanded for further proceedings.
Court Description: Beam, Author, with Shepherd and Kelly, Circuit Judges] Civil case - Insurance. There was a factual dispute over who should have invoked the policy's language regarding an appraisal procedure after the insured disputed the proposed crop-damage payment and the district court erred in granting the insurer's motion for summary judgment on plaintiff's breach of contract claim; since this issue is relevant to plaintiff's bad faith claim, as well, the district court's order granting the insurer summary judgment on this claim is reversed.
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