Caroline Stamp

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Complainant, vs. WESTERN IOWA MUTUAL INSURANCE ASSOCIATION, defendant

PDF IM GICHTSHOF IOWA No. 7-217 / 06-1825 Submitted on August 8, 2007 KURT W. STAMP and CAROLINE A. STAMP, plaintiff - appellant, vs. WESTERN IOWA MUTUAL INSPURANCE ASSOCIATION, respondent - appellant. Appointed by the Iowa District Courts for Pottawattamie County, James M. Richardson, Judge. The claimants rely on the issuing of a summarized judgement by the regional courts to the respondent in their complaint for the application of an assurancepolice.

Viewed by Vogel, P.J., and Eisenhauer, J., and Brown S.J.* *Senior judges on behalf of Iowa Code Section 602. BROWN, S. J. I. Background Facts and Proceedings The claimants, Kurt and Caroline Stamp, have a property rights administration with defendants, Western Iowa Mutual Insurances Co. for their property in Pottawattamie County.

The claimants had reaped their harvests in autumn 2004, but the stems, butts and leafs remained in the field. The claimants applied for cover under their policies for the stems, butts and leafs which they described as stovers. The respondent refused cover on the grounds of expulsion of seeds or fodder plants, stubbles or cereals.

" The accused claimed that the stems, butts and leafs in the area were stubbles for which there was no cover. The claimants claimed that they were looking for cover for the residues of the harvested crops left on the land after the crops, with the exception of the other stems harvested on the ground. The claimants petitioned the Regional Courts for a declaration that their loss was compensated by the assurance policies.

The claimants made a declaration under oath to show that the company had a fair value. In its ruling that it was a matter of individual ownership, the Regional Tribunal was satisfied by the assurance contract, unless expressly ruled out. It found that both" stover" and" stubble" were related to rubble left behind after the cereals had been harvested. It concludes that the significance of the term "stover" and "stubble" is the same, and the insurer's policies exclude cover for them.

Lowa R. App. lowa r. civ. 981 (3); Kistler v. City of Perry, 719 N.W.2d 804, 805 (Iowa 2006). Judges should look at the records in the most favourable lighting for the immovable parties. Co. 718 N.W.2d 754, 758 (Iowa 2006). Benefits There are set up regulations on how insurances are seen in litigation between the underwriter and the insuree.

It is interpreted by looking at the meanings of the words used in the policies and we construct the policies to establish their juridical effect. Corrigan, 697 N.W.2d 108, 111 (Iowa 2005). We take the parties' intentions into account when designing and designing an assurance contract.

Co. v. Jungling, 654 N.W.2d 530, 536 (Iowa 2002). "Unless there is uncertainty, the parties' intentions are defined by the political vocabulary. Ins. Co. v. Joffer, 574 N.W.2d 303, 307 (Iowa 1998). If neither side, as is the case here, provides extra -judicial proof, the structure and design of an assurance contract is a legal issue for the courts to rule on.

697 N.W.2d at 111. 728 N.V.2d 216, 220 (Iowa 2007). When words are not included in the contract, we give them their usual meanings. 654 N.W.2d at 536. 728 N.W.2d at 220-21. Ins. Co., 574 N.W.2d at 307. Any ambiguity in the terms of the contract is construed in favour of the policyholder as it is a liability contract.

654 N.W.2d at 536. "Illinois Casualty Co. 364 N.W.2d 218, 221 (Iowa 1985) (zitiert Gendler Stone Products Co. v. Laub, 179 N.W.2d 628, 631 (Iowa 1970)). A stover is a" waste of a cereal ( "stalks and leafs of maize after harvesting the ear of corn"), which is used as animal food for cows.

ACORD The American Heritage Dictionary of the English Language 1272 (1969) ("The Deified Stanks and Papers of a Careal crops used as fodders after the grains has been harvested."). The term ostubble is used to describe the "stump of a cultivar that remains in the soil after pruning or harvesting" or "straw or other stems that remain after harvesting".

The American Heritage Dictionary around 1278 ("The brief, rigid stems of a cereal or pasture harvest that remain in a square after harvesting"). Excluding seeds or fodder plants, stubbles or straws does not expressly exclude sturve. It is not clear and unambiguous on which the respondent relies and we deduce that the disqualification is unclear as to whether it relates to him.

and stubbles mean the same thing. It seems that the word "stover" has a special significance as a waste of a cultivated crop used as animal forage. STOPPEL " does not relate to waste from fields used as animal feedingstuffs for bovine animals; instead, STOPPEL is standardised as the separated stems that remain in the soil after harvesting.

Specifically, the claimants are not seeking cover for the remainder of the separated stems. {\a697 N.W.2d at 111. }See American Family, 697 N.W.2d at 111. It has been established that the plaintiff's rights are not ruled out by the elimination of seeds or fodder plants, straws or stubbles. "We annul the ruling of the Regional Supreme Tribunal, which gives the insurance company a summarized judgement.