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JOHNSTON EQUIPMENT v. INDUSTRIAL INDEM.

No. 91-742.

489 N.W.2d 13 (1992)

JOHNSTON EQUIPMENT CORPORATION OF IOWA, Appellant, v. INDUSTRIAL INDEMNITY, Appellee, and Custom Stainless Equipment Company, Inc.; Thomas A. Corrill; Sherry Corrill; and Thomas A. Corrill, as Father and Next Friend of Stacy Corrill and Cyndi Corrill, Defendants. Thomas A. CORRILL, Sherry Corrill, and Thomas A. Corrill, As Father and Next Friend of Stacy Corrill and Cyndi Corrill, Appellants, v. INDUSTRIAL INDEMNITY, Appellee, and Custom Stainless Equipment Company, Inc., Defendant.

Supreme Court of Iowa.

July 22, 1992.

Attorney(s) appearing for the Case

Gregory W. Landry, and Robert K. Du-Puy of LaMarca & Landry, P.C., West Des Moines, for appellants Thomas A. Corrill and Sherry Corrill.

John F. Lorentzen of Nyemaster, Goode, McLaughlin, Voigts, West, Hansell & O'Brien, P.C., Des Moines, for appellant Johnston Equipment Corp. of Iowa.

David L. Phipps, and Kevin M. Reynolds of Whitfield, Musgrave & Eddy, Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, P.J., and LARSON, SCHULTZ and ANDREASEN, JJ.

HARRIS, Justice.

Many insurance lawsuits involve claims of coverage, notwithstanding a missing provision in the policy. This dispute is the converse of the usual claim. Here the company contends that, because the parties so agreed, there should be no coverage for a products liability claim. We agree that there should be no coverage, even though no clear policy provision excluded it, and even though, through mistake, an endorsement excluding coverage was omitted from...

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