Andover Volunteer Fire Department v. Grinnell Mutual Reinsurance Co.

I write separately because, although I agree this case must be remanded to the commissioner, I cannot agree with one aspect of the majority’s interpretation of Iowa Code section 85.61(7)(a). The fighting issue in this case requires a determination whether Justin Faur sustained a personal injury “at any time from the time [he was] summoned to duty ... until the time [he was] discharged from duty by the chief of the volunteer fire department or the chiefs designee.” Iowa Code § 85.61(7)(a). The commissioner’s interpretation posited broadly that a volunteer firefighter can be summoned to duty…