Gregg Geerdes v. West Bend Mutual Insurance Co., No. 22-3305 (8th Cir. 2023)
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Plaintiffs brought this action against West Bend Mutual Insurance Company (“West Bend”) after West Bend refused to pay claims for uninsured/underinsured (“UM/UIM”) benefits under an insurance policy that insured Plaintiffs. The district court granted summary judgment in favor of West Bend. Plaintiffs contended the district court erred in concluding that British Columbia law rather than Iowa law determines the extent of Plaintiffs’ recoverable damages under the Policy.
The Eighth Circuit affirmed. The court explained that while Plaintiffs assert contract conflict of laws principles set forth in the Restatement (Second) of Conflict of Laws (“Restatement”) require that Iowa law determine the extent of their recovery, Hall v. Allied Mutual Insurance Co specifically held that no conflict of laws problem exists when the tortfeasor is only subject to personal jurisdiction in courts that would apply identical law. Further, the court wrote that Section 516A.1 only requires that insurance companies offer the type of coverage at issue in this case. The statute does not define what it means for an insured to be “legally entitled to recover” damages from an uninsured or underinsured motorist such that it could abrogate Hall. Finally, the court found that the plain language of this provision provides only that West Bend may “reduce” its otherwise applicable coverage by certain other amounts available. Where, as here, the insurer has no liability under the Policy’s coverage provisions, the Available Insurance Provision does not operate as an affirmative grant of coverage extending to what are otherwise uncovered losses.
Court Description: [Erickson, Author, with Smith, Chief Judge, and Melloy, Circuit Judge] Civil case - Insurance. The district court did not err in concluding that under Iowa law, the phrase "legally entitled to recover" from the uninsured or underinsured motorist provision of the policy in question prevents plaintiffs from recovering non-economic damages under the policy because they could not recover such damages from the bus driver or the bus company in a tort action in British Columbia where the accident occurred. [ June 16, 2023 ]
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