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C & J Fertilizer, Inc. v. Allied Mutual Insurance Co.

Supreme Court of Iowa

227 N.W.2d 169 (1975)

Relevant factsFree

C & J Fertilizer (plaintiff) bought burglary insurance from Allied Mutual (defendant), whose policy excluded coverage unless there were visible marks of forced entry on the exterior of the premises; Allied's own representative had told C & J only that visible evidence of a burglary was needed, without mentioning the exterior-specific requirement, and C & J's president reviewed the policy but did not recall reading that fine print, though he testified he generally understood burglary provisions from similar farm contracts. After a burglary left all exterior doors locked but showed interior evidence and tire tracks in the driveway, Allied denied C & J's roughly $10,000 claim because no exterior marks existed, and the trial court ruled for Allied.

IssueFree

Whether the explicit language of an insurance policy will be enforced when it could not have been within the objectively reasonable expectations of one of the parties to the contract.

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