Legal Opinion

Nicodemus v. Milwaukee Mutual Insurance Co.

Supreme Court of Iowa

Decided July 6, 2000No. 98-1838PublishedCited by 19 opinions

1Opinion of the Court

TERNUS, Justice.

The issue presented in this case is the reasonableness of an insurance policy provision that shortened the limitations period governing the insured’s claim for policy benefits. In a summary judgment ruling, the trial court upheld the validity of the contractual limitations provision and dismissed the insured’s lawsuit against the insurer on the basis that the insured’s action was not brought within the time period required by the contract. We think the contractual limitations provision at issue here is unreasonable and therefore unenforceable. Accordingly, we reverse and…

2Cases cited9 opinions

  1. Kraly v. VannewkirkOhio Supreme Court · 1994
  2. Morgan v. American Family Mutual InsuranceSupreme Court of Iowa · 1995
  3. Hamm v. Allied Mutual Insurance Co.Supreme Court of Iowa · 2000
  4. Shelton v. Country Mutual InsuranceAppellate Court of Illinois · 1987
  5. Leuchtenmacher v. Farm Bureau Mutual Insurance Co.Supreme Court of Iowa · 1990

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Miller v. Marshall CountySupreme Court of Iowa · 2002
  2. McDonnell v. State Farm Mutual Automobile Insurance CompanyAlaska Supreme Court · 2013
  3. Lee v. Grinnell Mutual Reinsurance Co.Supreme Court of Iowa · 2002
  4. Karen Robinson v. Allied Property and Casualty Insurance CompanySupreme Court of Iowa · 2012
  5. Esad Osmic v. Nationwide Agribusiness Insurance CompanySupreme Court of Iowa · 2014

14 more not listed; retrieve them via the Exa API.

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