Clarke Co., Ltd. v. American Family Mutual Insurance Co., No. 17-2418 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment for American Family, in an action brought by Clarke, alleging that the insurer wrongfully denied coverage for defense and indemnity of a lawsuit against Clarke in state court. The court held that the claims as pled in the underlying state court action did not give rise to a duty to defend under Iowa law, and no duty to indemnify could exist. In this case, the claims for damages caused by ice dams during the 2009-2010 winter did not rationally involve property damage that occurred before the policy expired in 2006.
Court Description: Per Curiam - Before Loken, Melloy and Erickson, Circuit Judges] Civil case - Insurance. In the underlying state court action, the claims as pled against Clarke did not give rise to a duty to defend under Iowa law, and it necessarily follows that American Family had no duty to indemnify.
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