Johnston Equip. Corp. of Iowa v. Indus. Indem., 489 N.W.2d 13 (Iowa 1992). · Go Syfert
Johnston Equip. Corp. of Iowa v. Indus. Indem., 489 N.W.2d 13 (Iowa 1992). Cases Citing This Book View Copy Cite
75 citation events (56 in the last 25 years) across 8 distinct courts.
Strongest positive: Maria Guadalupe Espinoza Sotelo v. River Hills Community Health Center (iowactapp, 2025-04-23) · Strongest negative: All West Pet Supply Co. v. Hill's Pet Products Division (ksd, 1993-12-29)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" All West Pet Supply Co. v. Hill's Pet Products Division
D. Kan. · 1993 · signal: but cf. · confidence bake:actor
But cf. Becker v. Central States Health and Life Co. of Omaha, 431 N.W.2d 354, 357 (Iowa 1988) (no defense to action for breach of contract that promisee has not been damaged), overruled on other grounds by Johnston Equipment Corp. v. Industrial Indem., 489 N.W.2d 13, 16 (Iowa 1992); Chicago & N.W.
discussed Cited as authority (verbatim quote) Maria Guadalupe Espinoza Sotelo v. River Hills Community Health Center
Iowa Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
our cases are legion which hold that a trial court may be affirmed on grounds upon which it does not rely.
discussed Cited as authority (verbatim quote) MidwestOne Bank v. Krishan
Iowa Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
a successful party need not cross-appeal to preserve error on a ground urged but ignored or rejected in trial court.
discussed Cited as authority (verbatim quote) Raymond Sullins v. Iowa District Court for Polk County, and City of Des Moines and Safari II, L.L.C., Intervening
Iowa Ct. App. · 2017 · quote attribution · 1 verbatim quote · confidence high
our cases are legion which hold that a trial court may be affirmed on grounds upon which it does not rely.
discussed Cited as authority (verbatim quote) Nationwide Agribusiness Insurance Company, as Subrogee of Farmers Cooperative Company v. Pgi International, Squibb-Taylor, Inc., Cox Manufacturing Company D/B/A Dalton Ag Products, Inc., and Cnh Corp. A/K/A Cnh American, LLC A/S/O Dmi, Inc.
Iowa Ct. App. · 2016 · quote attribution · 1 verbatim quote · confidence high
when a party seeks reformation of a policy so that it will match 522 the parties' intentions, extrinsic evidence is admissible to prove what their intentions were.
discussed Cited as authority (quoted) Mounteer Enters., Inc. v. Homeowners Ass'n for the Colony at White Pine Canyon
Utah · 2018 · quote attribution · 1 verbatim quote · confidence low
prejudice is irrelevant to a claim of waiver.
cited Cited as authority (rule) Driftless Water Defenders v. Iowa Department of Natural Resources
Iowa Ct. App. · 2026 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992).
discussed Cited as authority (rule) In the Interest of A.S., Minor Child
Iowa Ct. App. · 2025 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992); cf. State v. Hagen, 840 N.W.2d 140 , 144 n.3 (Iowa 2013) (concluding the appellee did not preserve an issue for appeal because he “did not file an appeal or cross-appeal on the issue”).
discussed Cited as authority (rule) Richard Ryan Radloff v. PTC Trucking, LLC
Iowa Ct. App. · 2025 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992) (“[A] successful party need not cross- appeal to preserve error on a ground urged but ignored or rejected in trial court.” (emphasis added)).
cited Cited as authority (rule) Rose v. Oakland Healthcare Management, LLC
Iowa Ct. App. · 2025 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992). 10 And “[o]ur cases are legion which hold that a trial court may be affirmed on grounds upon which it does not rely.” Id.
cited Cited as authority (rule) Jennings v. Fremont County
Iowa Ct. App. · 2024 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992) (recognizing we can affirm on any basis raised in the district court).
discussed Cited as authority (rule) In the Interest of J.L., Minor Child
Iowa Ct. App. · 2022 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992); cf. State v. Hagan, 840 N.W.2d 140 , 144 n.3 (Iowa 2013) (concluding the appellee did not preserve an issue for appeal because he “did not file an appeal or cross-appeal on the issue”). 3 I.
cited Cited as authority (rule) Varner v. Conway
Iowa Ct. App. · 2021 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992). 17 2001).
cited Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board v. Eric Tindal
Iowa · 2020 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992) (“Notwithstanding our past holding to the contrary, we think the preservation requirement ordinarily should apply 15 only to an unsuccessful party.
cited Cited as authority (rule) Lemartec Engineering & Construction n/k/a Lemartec Corporation v. Advance Conveying Technologies, LLC
Iowa · 2020 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992); Evjen v. Brooks, 372 N.W.2d 494, 496 (Iowa 1985).
cited Cited as authority (rule) Lemartec Engineering & Construction n/k/a Lemartec Corporation v. Advance Conveying Technologies, LLC
Iowa · 2020 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992); Evjen v. Brooks, 372 N.W.2d 494, 496 (Iowa 1985).
cited Cited as authority (rule) Great Western Bank v. Clement
Iowa Ct. App. · 2019 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992).
cited Cited as authority (rule) Berwyn Joe Reihe v. Midwest Viking, Inc., D/B/A Midwest Viking Trucking, and Great West Casualty Co.
Iowa Ct. App. · 2017 · confidence medium
Indem., 489 N.W.2d 13, 18 (Iowa 1992) (“Neither is the evidence inadmissible on the challenge that it is an attempt to vary the [contract] by parol evidence.
cited Cited as authority (rule) Amended September 26, 2017 State of Iowa v. Dale Dean Pettijohn Jr.
Iowa · 2017 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992); see also Chauffeurs, Teamsters & Helpers, Local Union No. 238 v. Iowa Civil Rights Comm’n, 394 N.W.2d 375, 378 (Iowa 1986).
discussed Cited as authority (rule) Amended September 15, 2017 State of Iowa v. Erik Milton Childs
Iowa · 2017 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992) (distinguishing between successful and unsuccessful parties for purposes of error preservation).
discussed Cited as authority (rule) State of Iowa v. Dale Dean Pettijohn Jr. (2×)
Iowa · 2017 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992); see also Chauffeurs, Teamsters & Helpers, Local Union No. 238 v. Iowa Civil Rights Comm’n, 394 N.W.2d 375, 378 (Iowa 1986).
cited Cited as authority (rule) State of Iowa v. Dale Dean Pettijohn Jr.
Iowa · 2017 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992); see also Chauffeurs, Teamsters & Helpers, Local Union No. 238 v. Iowa Civil Rights Comm’n, 394 N.W.2d 375, 378 (Iowa 1986).
discussed Cited as authority (rule) State of Iowa v. Erik Milton Childs (2×)
Iowa · 2017 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992) (distinguishing between successful and unsuccessful parties for purposes of error preservation).
discussed Cited as authority (rule) In the Interest of A.B., Minor Child, C.W., Mother, Mark Neary, Guardian Ad Litem-Appellant.
Iowa Ct. App. · 2016 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992) (explaining “a party need not, in fact cannot, appeal from a favorable ruling”). 3 In the juvenile court, the State joined the GAL in requesting waiver of the reasonable- efforts requirement.
cited Cited as authority (rule) In the Interest of M.W. and Z.W., Minor Children, R.W., Mother
Iowa · 2016 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992).
cited Cited as authority (rule) Amended May 17, 2016 in the Interest of M.W. And Z.W., Minor Children, R.W., Mother
Iowa · 2016 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992).
cited Cited as authority (rule) Regional Utility Service Systems v. City of Mount Union, Iowa
Iowa · 2016 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992)).
discussed Cited as authority (rule) In the Interest of A.R., D.R., J.C. and J.C. Minor Children, A.M., Mother
Iowa Ct. App. · 2015 · confidence medium
Indem., 489 N.W.2d 13, 16-17 (Iowa 1992) (overruling case which required successful party to ask trial court to enlarge its findings to address second basis for recovery).
cited Cited as authority (rule) Maxine Gail Veatch v. City of Waverly and Jason Leonard, Individually and in His Official Capacity
Iowa · 2015 · confidence medium
Indent., 489 N.W.2d 13, 16-17 (Iowa 1992).
discussed Cited as authority (rule) Northeast Community School District v. Easton Valley Community School District
Iowa · 2014 · confidence medium
Indem,., 489 N.W.2d 13, 17 (Iowa 1992)); see also Chauffeurs, Teamsters & Helpers, Local Union No. 238 v. Iowa Civil Rights Comm’n, 394 N.W.2d 375, 378 (Iowa 1986) (stating we may decide issues on appeal not reached by the district court where they have been raised in the district court and fully briefed and argued by the parties on appeal).
discussed Cited as authority (rule) State of Iowa v. Marc A. Hagen
Iowa · 2013 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992) (holding that “a successful party need not cross-appeal to preserve error on a ground urged but ignored or rejected in trial court”).
discussed Cited as authority (rule) Rozanne E. King Alisha Jane King Dacie S. Houston, Individually and as Mother and Next Friend of Skylar Dwayne Ostrander, Chay Cortez Ostrander, and Adlia William Cortez Flood III Brandy R. Drake, Individually and as Mother and Next Friend of Logan Genner Luhmann, Susan Maule, Stephanie Maule, and Jacob Maule Michael Campbell, Individually and as Father and Next Friend of George Campbell and Soph (2×)
Iowa · 2012 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992); see also Chauffeurs, Teamsters & Helpers, Local Union No. 238 v. Iowa Civil Rights Comm’n, 394 N.W.2d 375, 378 (Iowa 1986) (stating we may decide issues on appeal not reached by the district court where they have been raised in the district court and fully briefed and argued by the parties on appeal).
discussed Cited as authority (rule) Van Arkel v. Warren County (2×)
S.D. Iowa · 2005 · confidence medium
Corp. of Iowa v. Industrial Indem., 489 N.W.2d 13, 16 (Iowa 1992).
cited Cited as authority (rule) Estate of Long Ex Rel. Smith v. Broadlawns Medical Center
Iowa · 2003 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992); Wassom v. Sac County Fair Ass’n, 313 N.W.2d 548, 550 (Iowa 1981); Wyatt v. Crimmins, 277 N.W.2d 615, 617 (1979).
discussed Cited as authority (rule) EnviroGas, L.P. v. Cedar Rapids/Linn County Solid Waste Agency (2×)
Iowa · 2002 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992).
cited Cited as authority (rule) Meier v. SENECAUT III
Iowa · 2002 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992). 2 .
cited Cited as authority (rule) Garling Construction, Inc. v. City of Shellsburg
Iowa · 2002 · confidence medium
Indem., 489 N.W.2d 13, 16 (Iowa 1992)).
discussed Cited as authority (rule) Gibson v. ITT Hartford Ins. Co.
Iowa · 2001 · confidence medium
Indem., 489 N.W.2d 13, 17 (Iowa 1992) (holding that a party need not cross-appeal a trial court’s rejection of a ground *399 urged in the trial court to preserve error on a claim decided in the party’s favor but must still cross-appeal to preserve an issue on a claim decided adversely to the party).
discussed Cited as authority (rule) Ritz v. Wapello County Board of Supervisors
Iowa · 1999 · confidence medium
Corp. of Iowa v. Industrial Indem., 489 N.W.2d 13, 16 (Iowa 1992) (successful party need not cross appeal to preserve error on ground urged but ignored or rejected in trial court).
discussed Cited as authority (rule) Metz v. Amoco Oil Co. (2×)
Iowa · 1998 · confidence medium
Corp. v. Industrial Indem., 489 N.W.2d 13, 16-17 (Iowa 1992).
cited Cited as authority (rule) Advance Elevator Co. v. Four State Supply Co.
Iowa Ct. App. · 1997 · confidence medium
Johnston Equipment Corp. v. Industrial Indent., 489 N.W.2d 13, 16 (Iowa 1992).
discussed Cited as authority (rule) Bridgestone/Firestone v. Accordino
Iowa · 1997 · confidence medium
Corp. v. Industrial Indem., 489 N.W.2d 13, 16 (Iowa 1992) (issue must be presented to and passed on by trial court before it can be raised and decided on appeal).
cited Cited as authority (rule) 133-24 Sanford Avenue Realty Corp. v. Cisneros
S.D.N.Y. · 1996 · confidence medium
E.g., Smith v. Bear, 237 F.2d 79 , 86 (2d Cir.1956); Johnston Equipment Corporation of Iowa v. Industrial Indemnity, 489 N.W.2d 13, 18 (Iowa 1992).
cited Cited as authority (rule) Voss v. State, Iowa Department of Transportation
Iowa · 1996 · confidence medium
Corp. v. Industrial Indem., 489 N.W.2d 13, 17 (Iowa 1992). 2 .
discussed Cited as authority (rule) Southeastern Insurance Agency, Inc. v. Lumbermens Mutual Insurance
Mass. App. Ct. · 1995 · confidence medium
Co. Inc., 917 F.2d 654, 658 (1st Cir. 1990) (contract will be reformed if party establishes clear and convincing evidence of contract’s failure to reflect parties’ true intent due to mutual mistake); Johnston Equip. v. Industrial Indem., 489 N.W.2d 13, 17-18 (Iowa 1992); Kopff v. Economy Radiator Serv., 838 S.W.2d 449, 452 (Mo. App. 1992).
cited Cited as authority (rule) State v. Manna
Iowa · 1995 · confidence medium
Corp. v. Industrial Indem., 489 N.W.2d 13, 16-17 (Iowa 1992).
discussed Cited as authority (rule) Jamieson v. Harrison (2×)
Iowa · 1995 · confidence medium
Corp. v. Industrial Indem., 489 N.W.2d 13, 16-17 (Iowa 1992); City of Marion v. National Casualty Co., 431 N.W.2d 370, 374 (Iowa 1988).
cited Cited as authority (rule) Nepstad Custom Homes Co. v. Krull
Iowa Ct. App. · 1994 · confidence medium
Corp. v. Industrial Indemnity, 489 N.W.2d 13, 16 (Iowa 1992) (citing State Farm Mut.
cited Cited as authority (rule) Venard v. Winter
Iowa · 1994 · confidence medium
Corp. v. Industrial Indem., 489 N.W.2d 13, 16 (Iowa 1992).
Retrieving the full opinion text from the archive…
JOHNSTON EQUIPMENT CORPORATION OF IOWA, Appellant,
v.
INDUSTRIAL INDEMNITY, Appellee, and Custom Stainless Equipment Company, Inc.; Thomas A. Corrill; Sherry Corrill; And Thomas A. Corrill, as Father and Next Friend of Stacy Corrill and Cyndi Corrill, Defendants; Thomas A. CORRILL, Sherry Corrill, and Thomas A. Corrill, as Father and Next Friend of Stacy Corrill and Cyndi Corrill, Appellants, v. INDUSTRIAL INDEMNITY, Appellee, and Custom Stainless Equipment Company, Inc., Defendant
91-742.
Supreme Court of Iowa.
Jul 22, 1992.
489 N.W.2d 13
1992 Iowa Sup. LEXIS 330
1992 WL 170911
Gregory W. Landry, and Robert K. Du-Puy of LaMarca & Landry, P.C., West Des Moines, for appellants Thomas A. Corrill and Sherry Corrill., John F. Lorentzen of Nyemaster, Goode, McLaughlin, Voigts, West, Hansell & O’Brien, P.C., Des Moines, for appellant Johnston Equipment Corp. of Iowa., David L. Phipps, and Kevin M. Reynolds of Whitfield, Musgrave & Eddy, Des Moines, for appellee.
McGiverin, Harris, Larson, Schultz, Andreasen.
Cited by 63 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: Utah Supreme Court (1)
HARRIS, Justice.

Many insurance lawsuits involve claims of coverage, notwithstanding a missing provision in the policy. This dispute is the converse of the usual claim. Here the company contends that, because' the parties so agreed, there should be no coverage for a products liability claim. We agree that there should be no coverage, even though no clear policy provision excluded it, and even though, through mistake, an endorsement excluding coverage was omitted from the policy.

On our de novo review of this equitable action, we find the following. Charles Cor-rill, a worker at a Denison, Iowa, packing plant, was injured when his hand was caught in a tilt dumper manufactured by Custom Stainless Steel Equipment Co., Inc. (Custom Stainless) and sold to the plant by Johnston Equipment Corporation of Iowa (Johnston). Corrill was joined in the suit by family members interested through him, though for simplicity the Corrills will be referred to in the singular. Corrill sued Custom Stainless and Johnston. Johnston filed a cross-claim seeking indemnity against Custom Stainless.

Industrial Indemnity had issued an insurance policy to Custom Stainless, which included comprehensive general liability coverage for the period in question. Both Custom Stainless and Industrial Indemnity were California corporations and the insurance policy was issued there. The parties stipulated that California law controls this litigation except that Iowa law applies to matters of evidence and with regard to the statute of limitations on a claim for reformation.

Under a reservation of rights, Industrial Indemnity at first proceeded to defend Custom Stainless, both against Corrill’s suit, and against Johnston’s cross-claim. Partway into the litigation it indicated it believed the policy provided no coverage and thereafter ceased defending.

Custom Stainless, Johnston, and Corrill reached a settlement under which Johnston paid Corrill $45,000. Johnston then obtained a default judgment against Custom Stainless for the $45,000 settlement paid to Corrill and for $54,552.36 in defense costs. Corrill obtained a default judgment against Custom Stainless totaling $1,454,996.

Johnston brought this declaratory judgment action against Industrial Indemnity and Corrill, requesting an adjudication that the policy covered liability for Corrill’s injury. Corrill requested the same adjudication in a cross-claim against Industrial Indemnity.

The trial court concluded that, because of a mistake, a “product hazard exception” endorsement, which would have excluded coverage for product liability claims, was not included in the policy. The court nevertheless decided this omission did not mean the policy included products hazard coverage. Instead the court concluded that the policy did not provide coverage, a holding with which, for reasons to be explained, we disagree. The court rejected Industrial Indemnity’s claim that the policy should be reformed by reason of mutual mistake, finding the burden to establish grounds for reformation had not been met. We also disagree with this holding. In other words, we hold that the policy did provide coverage, but should be reformed so as to exclude it.

I. The policy first provided for typical comprehensive liability coverage. [1] Fol[*16] lowing this general description of coverage are sixteen listed exclusions. No exclusion was listed for bodily injury or property damage caused by the insured’s products. Morris v. Atlas Assurance Co., 158 Cal.App.3d 8, 12, 204 Cal.Rptr. 95, 97 (1984), interpreted a homeowners policy that included “comprehensive personal liability” coverage. The California court stated that insurance policies are to be interpreted broadly, to afford the greatest possible protection to the insured. Id. at 13, 204 Cal.Rptr. at 97. Exclusions in the policy, however, are interpreted narrowly against the insurer. Id. The exclusions must conspicuously, plainly and clearly appear in the policy. Cal-Farm Ins. Co. v. TAC Exterminators, 172 Cal.App.3d 564, 577, 218 Cal.Rptr. 407, 414 (1985). This generic rule is also applied in Iowa. A.Y. McDonald Indus., Inc. v. Insurance Co. of N. Am., 475 N.W.2d 607, 619 (Iowa 1991) (insurer should clearly and explicitly define any limitations or exclusions).

The declaration page for the policy in this ease provided that the “only coverage afforded is that contained on those coverage parts and endorsements listed ... which are preceded by a form number.” The declaration page listed types of coverage and by key number identified those purchased by the insured. The key number for “comprehensive general” coverage was included. Under the cited generic rule coverage was provided for this claim under the general comprehensive provision.

II. Overwhelming evidence supports Industrial Indemnity’s claim that there was never any intent by either Custom Stainless or Industrial Indemnity for the policy to cover products liability risks. This was made clear when Industrial Indemnity undertook to provide the coverage. Acting on this knowledge, Custom Stainless obtained the coverage from another company at a cost of $23,558.09. [2] The real dispute in the case involves Industrial Indemnity’s contention that if, as we have found, the policy did provide products liability coverage, then the court should reform the policy to match the intentions of the parties.

Before addressing this contention it is necessary to consider threshold questions of (a) preservation of error and (b) waiver.

A. Preservation of error.

Because the trial court found there was no coverage in the policy, Industrial Indemnity did not feel obliged to, and did not, cross-appeal from the trial court’s holding on the reformation issue. Corrill and Johnston Equipment contend the reformation issue was thereby waived. See Becker v. Central States Health & Life Co., 431 N.W.2d 354, 356 (Iowa 1988) (“Failure to cross-appeal on an issue decided adversely ... forecloses ... raising the issue on appeal.”). We think the issue was preserved. Although Becker, and certain of our other opinions, contain language to the contrary, we now hold that a successful party need not cross-appeal to preserve error on a ground urged but ignored or rejected in trial court. This is because a party need not, in fact cannot, appeal from a favorable ruling. Wassom v. Sac County Fair Ass’n, 313 N.W.2d 548, 549 (Iowa 1981).

The rule in Wassom is not inconsistent with the canon that issues must ordinarily be presented to and passed upon by the trial court before they can be raised and decided on appeal. State Farm Mut. Auto. Ins. Co. v. Pflibsen, 350 N.W.2d 202, 207 (Iowa 1984). The canon is a corollary[*17] to the requirement under Iowa rule of civil procedure 179(b) that a rule 179(b) motion to enlarge or amend is necessary for preservation when a trial court fails to resolve a matter properly submitted. Id. at 206.

Notwithstanding our past holding to the contrary, we think the preservation requirement ordinarily should apply only to an unsuccessful party. Our cases are legion which hold that a trial court may be affirmed on grounds upon which it does not rely. See, e.g., Midwest Management Corp. v. Stephens, 353 N.W.2d 76, 78 (Iowa 1984). We think it is entirely appropriate for a successful, as distinguished from an unsuccessful, party to urge affirmance on such a basis. Our contrary holdings in Becker and Fjelland v. Wemhoff, 249 N.W.2d 634, 638 (Iowa 1977), are overruled. We reject the contention that error was not preserved.

B. Waiver.

Corrill and Johnston Equipment also assert that, assuming the issue is preserved for appeal, Industrial Indemnity waived the issue of reformation by failing to include that legal ground in the letter reserving its right to deny coverage. According to California law any potential defenses known to an insurer not specifically included in a reservation-of-rights letter are waived. See Intel Corp. v. Hartford Accident & Indem. Co., 692 F.Supp. 1171, 1180 (N.D.Cal.1988) (exclusion not mentioned in denial of coverage was waived); Foremost Ins. Co. v. Wilks, 206 Cal.App.3d 251, 258, 253 Cal.Rptr. 596, 600 (1988). Prejudice is irrelevant to a claim of waiver, which requires only a conscious relinquishment of a known right. Waiver cases in this respect differ from estoppel claims, which do require a showing of prejudice. Miller v. Elite Ins. Co., 100 Cal.App.3d 739, 753-54, 161 Cal.Rptr. 322, 330 (1980).

There is a second footing for the waiver contention. It is also claimed that Industrial Indemnity waived the defense of reformation by failing to reform the policy within a reasonable time after it allegedly became aware that the policy lacked an exclusion for products liability. See Verex Assurance, Inc. v. John Hanson Sav. & Loan Ass’n, 816 F.2d 1296, 1302-03 (9th Cir.1987) (right to rescind insurance policy may be waived by failure to rescind policy after grounds for doing so are discovered or facts put insurer on notice to inquire); Pierson v. John Hancock Mut. Life Ins. Co., 262 Cal.App.2d 86, 91, 68 Cal.Rptr. 487, 490 (1968) (when terms of policy have been violated and insurer knowingly fails to forfeit, cancel or rescind the policy within a reasonable time, the ground is waived or the insurer is estopped from asserting it as a ground for nonliability).

We conclude there was no waiver here under either theory. Three letters were written by Industrial Indemnity’s claims adjuster to Custom Stainless’ attorney reserving its right to deny coverage. It is true that none of the letters contained the words “reformation of contract for mutual mistake.” But the letters consistently denied there was coverage for all the reasons we have discussed, including the fact that the parties did not intend for the policy to provide it. Anyone reading the correspondence should have understood Industrial Indemnity’s present contention. We do not think California’s waiver rule demands more specificity than this.

III. Under the record, as we have said, there was never any intent by either the insured (Custom Stainless) or the insurance carrier (Industrial Indemnity) for the policy to cover products liability risks. This finding almost directly mirrors the required finding for a court to allow reformation of a contract. The rule was applied in Truck Insurance Exchange v. Wilshire Insurance Co., 8 Cal.App.3d 553, 556-57, 87 Cal.Rptr. 604, 606 (1970), a case allowing reformation of an insurance policy in order to exclude coverage. The court said:

It is fundamental that a written contract may be reformed by a court of equity where, due to mutual mistake on the part of the parties, it fails to express their true intentions. Moreover, it is settled that an insurance policy may be reformed to limit or exclude coverage if such was the intention of the parties, even where the rights of third party[*18] claimants who are not parties to the insurance contract are adversely affected.

Id. at 559, 87 Cal.Rptr. at 607-08 (citations omitted). The party seeking reformation must introduce clear and convincing evidence to establish the intent of the parties. Id. at 560, 87 Cal.Rptr. at 609.

The rule is the same elsewhere, including Iowa. Great Atlantic Ins. Co. v. Liberty Mut. Ins. Co., 773 F.2d 976, 981 (8th Cir.1985); American Employers Ins. Co. v. St. Paul Fire and Marine Ins. Co., 594 F.2d 973, 978 (4th Cir.1979); The English Shop v. Hartford Fire Ins. Co., 4 Conn.App. 221, 223-24, 493 A.2d 899, 900-01 (1985); L.E. Myers Co. v. Harbor Ins. Co., 67 Ill.App.3d 496, 500-01, 24 Ill.Dec. 182, 186, 384 N.E.2d 1340, 1344 (1978); Baldwin v. Equitable Life Assurance Soc’y, 252 Iowa 639, 645, 108 N.W.2d 66, 68 (1961) (reformation permitted despite insured’s claim that his intent did not match that of the insurer’s); Murley v. Northwestern Pacific Indem. Co., 265 Or. 49, 52-53, 507 P.2d 1145, 1147 (1973).

Evidence of the parties’ intent was admitted over objection. We agree, though, with the trial court that the admission was not prohibited by Iowa Code section 515.95 (1989) (insurer to attach any application or representations “of the assured”). See Dohse v. Market Mens Mut. Ins. Co., 253 Iowa 1186, 1192, 115 N.W.2d 844, 847-48 (1962) (holding inadmissible letter offered on claim that it was a part of insurance application in an attempt to show mutual mistake concerning policy’s effective date). The purpose of section 515.95 is to make certain that “the writings composing the [policy] may all appear together and the insured may be in possession of the evidence of what [the. policy provides].” Id. at 1192, 115 N.W.2d at 847-48. Under Iowa Code section 515.96, if there is a failure to attach copies of letters, the policy is not invalid, but the insurance company cannot plead or prove any representations relating to coverage. The evidence in this case in no way relates to representations made “by the assured.” The statutes have no application here.

Neither is the evidence inadmissible on the challenge that it is an attempt to vary the policy by parole evidence. When a party seeks reformation of a policy so that it will match the parties’ intentions, extrinsic evidence is admissible to prove what their intentions were. American Employers Ins. Co. v. St. Paul Fire & Marine Ins. Co., 594 F.2d 973, 978 (4th Cir.1979). Courts typically rely on the testimony of the insured and insurer to determine the intent of the parties at the time they negotiated for the policy. Id.

IV. Johnston Equipment argues that Industrial Indemnity is precluded from seeking reformation of the policy because the statute of limitations has run. The argument is also without merit. Reformation may be raised as an affirmative defense after the period of limitations has run for affirmative actions. See, e.g., Great Atlantic Ins. Co. v. Liberty Mut. Ins. Co., 773 F.2d 976, 978-79 (8th Cir.1985); Metropolitan Casualty Ins. Co. v. Friedley, 79 F.Supp. 978, 982 (N.D.Iowa 1948); 51 Am.Jur.2d Limitation of Actions § 76, at 655 (1970).

Although we have not discussed them, we have not overlooked other contentions argued on appeal. They have been considered and rejected. To discuss them would unduly extend this opinion and yield nothing of precedential value. We conclude that the policy, as written, did provide coverage for Corrill’s claim, but that it should be reformed to reflect the parties’ intent to exclude that coverage.

AFFIRMED.

1

. The provision reads as follows:

I. COVERAGE A — BODILY INJURY LIABILITY

COVERAGE B — PROPERTY DAMAGE LIABILITY

[*16] The Company will pay on behalf of the Insured all sums which the insured shall become legally obligated to pay as damages because of

Coverage A — bodily injury, or

Coverage B — property damage

to which this insurance applies, caused by an occurrence, and the Company shall have the right and duty to defend any suit against the Insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the Company’s liability has been exhausted by payment of judgments or settlements.

2

. Because the purchased coverage was on a "claims made” rather than an "occurrence” basis, it does not cover Corrill's claim.