Case Name:	Dale Winter v State Farm Fire and Casualty
Case Number:	LACV191811
Date of Trial:	05/24/2021		Venue:	Woodbury County
Casetype/Claims:	Insurance coverage, breach of contract, property damage, commercial
Judge:	Steven J. Andreasen
Plaintiff's Counsel:	Ryan Douglas Beardshear		Defendant's Counsel:	Aaron Wehde Lindebak
Verdict:	Plaintiff. Declaratory Judgment concerning breach of insurance contract for nonpayment of fire loss causing damage to real and personal propertyJury determined that Defendant State Farm breached insurance contract. The parties stipulated that the fire originated in the north side, second floor bedroom of the house located at 606 West Fifth Street, Sioux City, Iowa, in the bedroom closet where clothing was present; that the fire was intentionally set, and that Plaintiff provided State Farm with the information it requested under the policy concerning the claim. Damages: The jury was not requested to determine damages, but only to determine whether State Farm had breached its insurance contract with the Plaintiff.
Demand Before Trial:
Offer Before Trial:
Statement of Case: In this civil action, both parties agree that a contract was entered into by Mr. Dale Winter, the plaintiff and State Farm Fire and Casualty Company, the defendant. This contract was for the purchase of insurance to cover the structure owned by Winter. Dale Winter claims that State Farm breached their duties under this contract when they did not cover the loss of this structure due to fire. In his argument, Dale Winter claims that the contract was entered into an agreement with State Farm to purchase Policy No. 95-BA-A253-0 (“The Policy”). Winter further states he faithfully paid all premiums which were due on the policy. In the early morning hours of April 20, 2019, a fire occurred at his insured structure. The rental property sustained significant damages. On or about April 23, 2019, Dale Winter made a claim for fire loss with State Farm and substantially complied with the policy as to reporting loss under the agreement. Subsequently, State Farm refused to cover the loss of the structure on May 7, 2020 even though the structure would ordinarily be covered under the agreement. The defendant claims Winter did not substantially comply with the terms of the contract and that loss was not an accidental loss. As such, they argue because the contract has been breached, they have no duty to cover the damaged structure. The parties further dispute the damage value to the property Statement of Case Defendant:
Injuries alleged:
Official Jury Verdict Form:
Winter v State Farm verdict form.pdf
Documents of interest: (when available)
Return to Jury Verdict Reporter Database
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