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NATIONAL SUR. CORP. v. WESTLAKE INV., LLC

No. 14-1274.

880 N.W.2d 724 (2016)

NATIONAL SURETY CORPORATION, an Illinois Corporation, Appellant, v. WESTLAKE INVESTMENTS, LLC, an Iowa Limited Liability Company, Appellee.

Supreme Court of Iowa.

June 10, 2016.

Attorney(s) appearing for the Case

Todd S. Schenk and Amber Coisman of Tressler LLP, Chicago, Illinois, and Mollie Pawlosky of Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, for appellant.

Todd M. Lantz of Weinhardt & Logan, P.C., and Stephen R. Eckley of Belin McCormick, P.C., Des Moines, for appellee.

Jeffrey A. Stone of Simmons Perrine Moyer Bergman PLC, Cedar Rapids, for amici curiae Hubbell Realty Company, Home Builders Association of Iowa, and Associated Builders & Contractors of Iowa.

Brenda K. Wallrichs of Lederer Weston Craig PLC, Cedar Rapids, for amici curiae American Insurance Association and Property Casualty Insurers Association of America.

An insurer sought a declaratory judgment stating it was not liable to the assignee of an excess commercial general liability (CGL) insurance policy for damages awarded to the assignee in federal district court. The assignee brought a counterclaim against the insurer for breach of contract...

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