CLARK-PETERSON v. INDEPENDENT INS. ASSOC.

No. 93-470.

514 N.W.2d 912 (1994)

CLARK-PETERSON COMPANY, INC., Jerald F. Clark and Jack A. Clark, Appellants, v. INDEPENDENT INSURANCE ASSOCIATES, LTD., Dick Wissink, Individually, and The Cincinnati Insurance Company, Appellees.

Supreme Court of Iowa.

April 20, 1994.


Attorney(s) appearing for the Case

John C. Conger of Wiggins & Anderson, P.C., West Des Moines, for appellants.

Gregory A. Witke of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellees Independent Ins. Associates Ltd., and Dick Wissink.

Dawn R. Siebert and R. Todd Gaffney of Finley, Alt, Smith, Scharnberg, May & Craig, P.C., Des Moines, for appellee Cincinnati Ins. Co.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and SNELL, JJ.


HARRIS, Justice.

The question here is whether all of plaintiffs' viable claims were subsumed in a prior recovery. Believing they were the trial court entered summary judgment in favor of defendant insurance company. We modify, affirm and remand.

The principal plaintiff, Clark-Peterson Co., purchased a multi-peril policy and a contractor's umbrella liability policy from defendant Cincinnati Insurance Co. (Cincinnati) through its agent defendant Dick Wissink...

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