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UNITED FIRE & CAS. v. SHELLY FUNERAL HOME

No. 99-1399.

642 N.W.2d 648 (2002)

UNITED FIRE & CASUALTY COMPANY, Appellee/Cross-Appellant, v. SHELLY FUNERAL HOME, INC. and Ted Shelly, Appellants/Cross-Appellees, Victor Schenke and Lila Schenke, Intervenors.

Supreme Court of Iowa.

Rehearing Denied April 22, 2002.

Attorney(s) appearing for the Case

David J. Dutton and Carolyn A. Rafferty of Dutton, Braun, Staack, & Hellman, P.L.C., Waterloo, for appellant Shelly Funeral Home, Inc.

Mark A. Roeder of Roeder & Hassler, Manchester, for appellant Ted Shelly.

Patrick M. Roby and Christopher L. Bruns of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellee.

Gerald T. Sullivan and William H. Roemerman of Crawford, Sullivan, Read & Roemerman, P.C., Cedar Rapids, for intervenors.

NEUMAN, Justice.

This declaratory judgment action involves coverage questions and a counterclaim for bad faith arising out of the defense of a tort action against a funeral home and its principal employee. The facts in the underlying tort action were bizarre, to say the least. In a nutshell, a jury found that the funeral director abused his access to an apartment owned by the funeral home and then emotionally injured its elderly tenants by repeatedly exposing himself...

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