Opinion

Farm Bureau Mutual Insurance Co. v. Sandbulte

  • 302 N.W.2d 104
  • 1981 Iowa Sup. LEXIS 871
Court
Supreme Court of Iowa
Filed
Feb 18, 1981
Status
Published
Author
Uhlenhopp
On the bench
Larson, Uhlenhopp, Legrand, Allbee, Schultz
Cited by
100 cases

holding claims arising from motor vehicle accidents on ways not actually contiguous to or touching the insured’s premises are uniformly held, as a matter of law to be excluded from coverage

How later courts described this case

  • holding claims arising from motor vehicle accidents on ways not actually contiguous to or touching the insured’s premises are uniformly held, as a matter of law to be excluded from coverage
  • denying insurer relief because ordinary layperson would not misunderstand disputed term and term was not bizarre or oppressive, did not eviscerate terms explicitly agreed to, and did not eliminate dominant purpose of transaction
  • stating “[w]hether or not such a warranty arises is usually a question of fact to be determined from the circumstances of the parties’ negotiations”
  • holding that disagreement between parties as to terms meaning does not establish ambiguity

Written by the judges who cited it.

The opinion

UHLENHOPP, Justice

(concurring in part, dissenting in part).

I concur in the result and in all of the opinion except the adoption of the theory of implied warranty, in division II. I dissent from that part of the opinion.

LeGRAND, ALLBEE and SCHULTZ, JJ., join in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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