ROYAL INDEM. CO. v. FACTORY MUT. INS. CO.

No. 07-1324.

786 N.W.2d 839 (2010)

ROYAL INDEMNITY COMPANY, as successor in interest to Globe Indemnity Company, a member of Royal & SunAlliance USA, Inc.; and Federal Insurance Company, a member of the Chubb Group of Insurance Companies, as good faith subrogees of Deere & Company, a Delaware corporation, Appellees, v. FACTORY MUTUAL INSURANCE COMPANY a/k/a FM Global a/k/a Factory Mutual Engineering, a Rhode Island limited liability company, Appellant.

Supreme Court of Iowa.

Rehearing Denied August 5, 2010.


Attorney(s) appearing for the Case

Mark McCormick and Margaret C. Callahan of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, Robert J. Gilbertson of Greene Espel P.L.L.P., Minneapolis, Minnesota, William H. Stanhope of Robins, Kaplan, Miller & Ciresi L.L.P., Atlanta, Georgia, and William J. Bush of Bush, Motto, Creen, Koury & Halligan, Davenport, for appellant.

David L. Brown and Aaron T. Oliver of Hansen, McClintock & Riley, Des Moines, Jeffrey J. Asperger, Bary L. Gassman, and Peter H. Honigmann of Asperger Associates LLC, Chicago, Illinois, and Robert T. Park of Snyder, Park & Nelson, P.C., Rock Island, Illinois, for appellees.


BAKER, Justice.

Factory Mutual Insurance Company (FM) appeals from the district court judgment awarding Royal Indemnity Company and Federal Insurance Company (hereinafter referred to collectively as (Royal)) $39.5 million in damages, contending there was insufficient evidence that it breached any contract with Deere & Company (Deere), and, alternatively, that the damages were not within the contemplation of the parties. FM also asserts the claim is barred under...

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