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BAGELMANN v. FIRST NAT. BANK

No. 11-1484.

823 N.W.2d 18 (2012)

Henry A. BAGELMANN, Jr. and Mary Jo Bagelmann, Appellants, v. FIRST NATIONAL BANK and Iowa Bankers Mortgage Corporation, Appellees.

Supreme Court of Iowa.

November 16, 2012.

Attorney(s) appearing for the Case

Bruce J. Toenjes of Nelson & Toenjes, Shell Rock, for appellants.

William D. Werger of Leslie, Collins, Gritters & Werger, PLLC, Waverly, for appellee First National Bank.

Deborah M. Tharnish and Sarah K. Franklin of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for appellee Iowa Bankers Mortgage Corporation.

MANSFIELD, Justice.

This case is part of the fallout from the June 2008 flooding that caused so much destruction in our state. In 2001, the Bagelmanns purchased a home in Waverly along the Cedar River. At the time, they were told, incorrectly, that the property was not in a special flood hazard area and that flood insurance would not be required as a condition of their loan. The Bagelmanns received the same erroneous information again in 2003 when they refinanced...

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