Case law

National Surety Corporation, an Illinois Corporation v. Westlake Investments, LLC, an Iowa Limited Liability Company

Supreme Court of Iowa · Jun 10, 2016

The mere fact that parties disagree as to the meaning of terms in an insurance policy does not establish the policy is ambiguous. Id. … However, Westlake established this defective work product resulted from defective work performed by the insureds’ subcontractors, not the insureds themselves.

City of Dubuque v. Illinois Central Railroad

39 Iowa 56 · Supreme Court of Iowa · Jun 19, 1874

This, and nothing more, is clearly the import of the authorities cited by counsel. See Bailey v. The Mayor of New York, 3 Hill, 531 ; The San Francisco Gas Company v. … But a multiplication of authorities is quite unnecessary to sustain a proposition so clearly established by reason and principle.

Maasdam v. Estate of Maasdam

237 Iowa 877 · Supreme Court of Iowa · Sep 17, 1946

The will was probated and the son, Fred Dennison Maasdam, nominated as executor in the will, was appointed and qualified as such. He filed an inventory naming the widow and the beneficiaries under the will. … The point, therefore, is clearly ruled in the Run-nells case, and we need not repeat the discussion contained in our opinion therein.”

In the Interest of L.H.

904 N.W.2d 145 · Supreme Court of Iowa · Nov 17, 2017

L.H. is clearly a child in need of the juvenile court’s assistance and protection from the risks of domestic violence by Ryan. … The cases cited by the court of appeals to the contrary, are thus clearly distinguishable.

Heckmann Ex Rel. Heckmann v. Brenton State Bank

228 Iowa 967 · Supreme Court of Iowa · Apr 2, 1940

acquire, I give and bequeath to my two daughters Lana and Dora jointly in equal shares, that is to say to each an undivided one-half thereof, and I ask that the Court shall appoint my daughter Lana Heckmann to be and to qualify … The rule in this state is that estates vested in two or more persons are to be deemed tenancies in common unless a different intent is clearly expressed in creating the estate. Code 1935, section 10054.

Luse v. Wray

254 N.W.2d 324 · Supreme Court of Iowa · May 25, 1977

The absentee ballot, unsealed envelope, and carrier envelope shall be enclosed in a third envelope to be sent to the qualified elector. … They may assist the qualified electors in filling out the ballot as provided in section forty-nine point ninety (49.90) of the Code.

Wilson v. Iowa Southern Utilities Co.

228 Iowa 724 · Supreme Court of Iowa · Jun 18, 1940

-Plaintiff then -moved for a directed verdict upon the grounds that she had established the allegations of her petition and that the defendant had neither pleaded nor proved a defense. … Appellee argues that the circumstances of this case are such as to entitle her to the benefit of the italicized qualifying clauses in the last two quotations.

Schmitt v. Jenkins Truck Lines, Inc.

170 N.W.2d 632 · Supreme Court of Iowa · Sep 5, 1969

Defendants assert the offered portion of Quirren’s deposition clearly established as a matter of law negligence of the operator of plaintiffs’ vehicle was a or the sole proximate cause of the collision and a legal excuse … However, they maintain a legal excuse was established as a matter of law.

David A. Vaudt and Jeanie K. Vaudt v. Wells Fargo Bank, N.A.

Supreme Court of Iowa · Mar 8, 2024

The last sentence of the provision reinforces this qualifier by tying the one-year limitation period to “the date of recording of the instrument from which such claim may arise.” Id. (emphasis added). … Or “clearly erroneous.” State v. Williams, 895 N.W.2d at 859 (Iowa 2017). Or “demonstrably erroneous.” Garrison, 977 N.W.2d at 83 (quoting Goodwin v. Iowa Dist.

5th and Walnut Parking, LLC; 5th and Walnut Tower, LLC; 5th and Court, LLC; Justin Mandelbaum; and Sean Mandelbaum v. City of Des Moines

Supreme Court of Iowa · Jun 12, 2026

And the district court’s finding that the COVID-19 pandemic qualified as an enforced delay is well supported by the record. … Does the discretionary function immunity in the Iowa Code § 670.4(1)(c) protect the City from the Developers’ tort claims?

Shell Oil Co. v. Bair

417 N.W.2d 425 · Supreme Court of Iowa · Dec 23, 1987

The tax reporting consequences of an inventoriable cost are clearly not the same as those which arise from an allowable deduction. … It is well established that under some circumstances it is necessary to act retroactively in seeking a fair apportionment of the cost of government.

Goreham v. Des Moines Metropolitan Area Solid Waste Agency

179 N.W.2d 449 · Supreme Court of Iowa · Sep 2, 1970

As clearly indicative of this special-fund intent, the legislature also provided that such participating bodies may secure the funds to pay their assessments to the entity by enacting ordinances fixing, establishing, and … Put differently there is no understandable guide line as to what source the funds may have in order to qualify as "revenue" within the "special fund" doctrine.

State of Iowa v. Christopher Craig Thompson

837 N.W.2d 180 · Supreme Court of Iowa · Aug 23, 2013

Clearly, he has offered more *237 than a generalized request for records. … The price of escape from cross-examination is a higher standard than “qualified,” set for live witnesses who do not.

Peg Hutchison, Dan Johnson, Russ Nichols, Shawn Ripperger, Leigh Ann Swain, and Shelly Vander Tuig v. Douglas Shull, Steve Wilson, Dean Yordi, the Board of Supervisors for Warren County, Iowa, and Warren County, Iowa

878 N.W.2d 221 · Supreme Court of Iowa · Mar 18, 2016

However, testimony at trial did not establish how many such calls she made or how close in time they occurred. … The notices listed “termination” as the employees’ COBRA-qualifying event and listed the date that event had occurred as April 16, even though the board did not-actually vote to approve-the terminations at an open meeting

Lewis v. Curnutt

130 Iowa 423 · Supreme Court of Iowa · Apr 10, 1906

No claim is made in the argument that the trust which the grantor in this case very clearly attempted to make violates any law or principle of public policy. … Moreover, it must be remembered that it is not necessary in any case to the establishment of a trust that any beneficial interest shall pass to the trustee.

Bean v. Bickley

187 Iowa 689 · Supreme Court of Iowa · Nov 11, 1919

But we have already pointed out that the written contract alone, to say nothing of .other clear evidence, most clearly establishes all that. … Some of these matters were clearly immaterial.

Christensen v. DES MOINES STILL COLLEGE OF O. & S.

82 N.W.2d 741 · Supreme Court of Iowa · May 7, 1957

Under the well-known and well-established rules of this court we must, of course, view the evidence most favorably to the prevailing party. … Section 150.4, Code of 1954, I.C.A., provides the requirements for a license to practice osteopathy, and clearly no corporation could so qualify.

Grabbe v. St. Vincent's Home

232 Iowa 640 · Supreme Court of Iowa · Oct 27, 1942

Many well-established principles of the common law are recognized and applied in the application of the rule above referred to. … Under the principles of common law, recognized and applied in the jurisdictions' above referred to, the decree of the trial court was clearly right.

Hansen v. Kaperonis

243 Iowa 1257 · Supreme Court of Iowa · Oct 14, 1952

The testimony was quite clearly based on a presumption of correctness from their system of operation and not from his personal knowledge and check of the material and labor as received and performed. … The principle is well established. See 5 C. J. S., Appeal and Error, section 1931 (page 1443, note 12, citing many cases); Dee v. Collins, 235 Iowa 22, 28, 29 , 15 N.W.2d 883 .

In the Matter of the Estate of James Edwin Ibeling

Supreme Court of Iowa · May 1, 2026

But where, as here, an independent body of law establishes a nontrust entity; controls the creation, governance and operation of the nontrust entity; and establishes the rights and duties of the parties with respect to … A PIF is, by the express terms of its enabling legislation, immune from such claims.