Iowa Mutual Insurance Co. v. McCarthy

TERNUS, Justice.

This appeal involves a dispute concerning liability insurance coverage for a wrongful death claim made by the appellant, Donna Rae Kelly, as administrator of the Estate of Leo Kelly and as next friend of Amy Kelly, against Philip J. McCarthy, an insured of the appellee, Iowa Mutual Insurance Company. Coverage turns on whether Leo Kelly was an employee of McCarthy at the time of Kelly’s death, thereby triggering the employee exclusion contained in Iowa Mutual’s policy.

The question of Kelly’s employment status was submitted to the jury, which determined Kelly was not McCarthy’s…