Legal Opinion

Mark Peak v. Ellis Adams and Rachel Adams

Supreme Court of Iowa

Decided July 1, 2011No. 09–1471PublishedCited by 104 opinions

1Opinion of the Court

WATERMAN, Justice.

Iowa has a strong public policy favoring settlements. This appeal decides the enforceability of a “Release of All Claims” that plaintiff, Mark Peak, signed on the advice of his attorney. Peak broke his leg while helping defendants, Ellis and Rachel Adams, move furniture using a rented U-Haul track. The liability insurer for U-Haul paid its policy limits of $20,000 to Peak and his attorney in exchange for a release that specifically named Ellis and arguably covered Rachel. When Peak sought additional compensation from another insurer for the Adamses, it denied coverage based…

2Cases cited29 opinions

  1. Jarecki v. G. D. Searle & Co.Supreme Court of the United States · 1961
  2. State, Department of Human Services Ex Rel. Palmer v. Unisys Corp.Supreme Court of Iowa · 2001
  3. Pillsbury Co., Inc. v. Wells Dairy, Inc.Supreme Court of Iowa · 2008
  4. NevadaCare, Inc. v. Department of Human ServicesSupreme Court of Iowa · 2010
  5. Fashion Fabrics of Iowa, Inc. v. Retail Investors Corp.Supreme Court of Iowa · 1978

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3Cited by104 opinions

  1. Kathryn Winger and Timothy Potts v. Cm Holdings, L.L.C.Supreme Court of Iowa · 2016
  2. Mall Real Estate, L.L.C., an Iowa Limited Liability Company v. City of Hamburg, an Iowa Municipal CorporationSupreme Court of Iowa · 2012
  3. Alta Vista Properties, LLC v. Mauer Vision Center, PcSupreme Court of Iowa · 2014
  4. State of Iowa v. John Arthur Senn Jr.Supreme Court of Iowa · 2016
  5. Des Moines Flying Service, Inc. v. Aerial Services Inc. Cedar Valley Aviation, LLC and Kirk P. FisherSupreme Court of Iowa · 2016

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