Legal Opinion · Dissent

Ben Villarreal Jr., Cleo Martinez, and Lacasa Martinez Texmex, Inc. v. United Fire & Casualty Company D/B/A United Fire Group

Supreme Court of Iowa

Decided January 8, 2016No. 14–0298Published

1DissentAppel, Justice

I respectfully dissent. As will be seen below, I view the case differently than the majority. I. would reverse ,the decision of the district court and allow the insured’s bad-faith claim to proceed to trial.

I.' Background Facts and Proceedings.,. The majority’s overview of the facts and proceedings does not present the entire picture. After the insurance company paid $108,310.on the claim but refused to pay more, the insured filed a breach-of-contract action. The factual questions in the breach-of-contract action were simple: what was the value of the insured’s property destroyed by fire and…

2Cases cited41 opinions

  1. Gruenberg v. Aetna InsuranceCalifornia Supreme Court · 1973
  2. Egan v. Mutual of Omaha InsuranceCalifornia Supreme Court · 1979
  3. Anderson v. Continental InsuranceWisconsin Supreme Court · 1978
  4. Rawlings v. ApodacaArizona Supreme Court · 1986
  5. Travelers Insurance Co. v. SavioSupreme Court of Colorado · 1985

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