Victor Ingrim Nancy Ingrim v. State Farm Fire & Cas. Co., 249 F.3d 743 (8th Cir. 2001). · Go Syfert
Victor Ingrim Nancy Ingrim v. State Farm Fire & Cas. Co., 249 F.3d 743 (8th Cir. 2001). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 6 distinct courts.
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Shelby M. Ellefson v. Eric J. Ronke; Ronke Law, PLLC; Halliday, Watkins, and Mann, P.C.; and Citizens Bank
D.S.D. · 2026 · confidence medium
Co., 249 F.3d 743, 745 (8th Cir. 2001) (quoting Wald v. Sw.
discussed Cited as authority (rule) Easton Lloyd Mercy v. Weston Bettelyoun, Correctional Officer Pennington County Jail, official capacity
D.S.D. · 2026 · confidence medium
Co., 249 F.3d 743, 745 (8th Cir. 2001) (quoting Wald v. Sw.
discussed Cited as authority (rule) Taylor v. Caplan
E.D. Mo. · 2025 · confidence medium
Co., 249 F.3d 743, 745 (8th Cir. 2001); accord Wheeler v. City of Santa Clara, 894 F.3d 1046, 1059 (9th Cir. 2018) (“Leave to amend may be denied if the proposed amendment is futile or would be subject to dismissal.”).
discussed Cited as authority (rule) Golden v. United States
D.S.D. · 2025 · confidence medium
Leave to amend is denied only if evidence exists “such as undue delay, bad faith, or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, [or] futility of the amendment.” Roberson v. Hayti Police Dep’t., 241 F.3d 992, 995 (8th Cir. 2001) (citing Foman v.Davis, 371 U.S. 178, 182 (1962)); Ingrim v. State Farm Fire & Casualty Co., 249 F.3d 743, 745 (8th Cir. 2001).
discussed Cited as authority (rule) Rajab v. United States
D.S.D. · 2022 · confidence medium
Leave to amend is denied only if evidence exists Asuch as undue delay, bad faith, or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, [or] futility of the amendment.@ Roberson v. Hayti Police Dep=t., 241 F.3d 992, 995 (8th Cir. 2001) (citing Foman v.Davis, 371 U.S. 178, 182 (1962)); Ingrim v. State Farm Fire & Casualty Co., 249 F.3d 743, 745 (8th Cir. 2001).
discussed Cited as authority (rule) Kraft v. The Office of the Comptroller of the Currency
D.S.D. · 2021 · confidence medium
Co., 249 F.3d 743, 745 (8th Cir. 2001); see also Humphreys v. Roche Biomedical Lab.., Inc., 990 F.2d 1078, 1082 (8th Cir. 1993) (“It is settled law that district courts may properly deny leave to amend if the proposed changes would not save the complaint.”).
discussed Cited as authority (rule) Cody v. Bowers
D.S.D. · 2019 · confidence medium
Leave to amend is denied only if evidence exists to support “undue delay, bad faith, or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, [or] futility of the amendment.@ Roberson v. Hayti Police Dep=t., 241 F.3d 992, 995 (8th Cir. 2001) (citing Foman v.Davis, 371 U.S. 178, 182 (1962)); Ingrim v. State Farm Fire & Casualty Co., 249 F.3d 743, 745 (8th Cir. 2001).
discussed Cited as authority (rule) Thomas Schlapkohl and Lana Schlapkohl v. American Family Mutual Insurance Company
Iowa Ct. App. · 2016 · confidence medium
Co., 249 F.3d 743, 746 (8th Cir. 2001) (finding the bad-faith claim contractually time barred was “an exercise in artful pleading, an attempt to avoid the rule in Stahl”). 4 For purposes of resolving the contractual limitations issue, it does not matter what portion of the roof was damaged or whether matching shingles were available. 12 However, the claim concerning the secret fifty-percent company policy was not known until the arbitration hearing.
discussed Cited as authority (rule) Dean Snyder Construction Co. v. Travelers Property Casualty Co. of America
S.D. Iowa · 2016 · confidence medium
Feb. 5, 2014) (unpublished table decision) (finding the one-year limitation provision in a property damage policy to be enforceable and reasonable where the insurer notified the insured of its decision to deny coverage well within the limitation period but the insured waited almost two years after the damage occurred to file an action against the insurer); Ingrim v. State Farm Fire & Casualty Co., 249 F.3d 743, 745-46 (8th Cir.2001) (finding the one-year limitation provision in the insured’s fire policy barred both the breach of contract and the bad faith causes of action because the bad fai…
cited Cited as authority (rule) Brown Ex Rel. Rhiner v. Kerkhoff
S.D. Iowa · 2007 · confidence medium
Co., 249 F.3d 743, 745-46 (8th Cir.2001) (leave to amend properly denied because proposed amendments brought time-barred claims).
cited Cited as authority (rule) Kemin Foods, L.C. v. Pigmentos Vegetales Del Centro S.A. De C.V.
S.D. Iowa · 2005 · confidence medium
Co., 249 F.3d 743, 745 (8th Cir.2001). *1348 Thus, a court may deny a motion for leave to amend for futility if the proposed amendments would not save the party’s claim from dismissal.
cited Cited as authority (rule) Greene v. Stevens Gas Service
Vt. · 2004 · confidence medium
Co., 249 F.3d 743, 746 (8th Cir. 2001) (applying Iowa law).
discussed Cited as authority (rule) Asbury Square, L.L.C. v. Amoco Oil Co. (2×)
S.D. Iowa · 2003 · confidence medium
Co., 249 F.3d 743, 745 (8th Cir.2001).
Retrieving the full opinion text from the archive…
Victor INGRIM; Nancy Ingrim, Plaintiffs-Appellants,
v.
STATE FARM FIRE & CASUALTY COMPANY, Defendant-Appellee
00-2115.
Court of Appeals for the Eighth Circuit.
May 3, 2001.
249 F.3d 743
Matthew D. Wilber, argued, Council Bluffs, IA, for Plaintiffs-Appellants., Henry A. Harmon, 'argued, Des Moines, IA (Donna R. Miller, on the brief), for Defendanb-Appellee.
Loken, Bye, Sachs.
Cited by 12 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 84%
Citer courts: Eighth Circuit (1)
LOKEN, Circuit Judge.

When fire destroyed the home of Victor and Nancy Ingrim in August 1997, they filed a claim under their Homeowners Extra insurance policy with State Farm Fire and Casualty Company. After investigating, State Farm denied the claim. The denial letter asserted that the loss “was not accidental in nature” and cited policy conditions that void the policy if the insured causes a loss to obtain insurance benefits or intentionally conceals or misrepresents any material fact “relating to this insurance.”

On August 2,1999, the Ingrims filed this action. Count I alleged that State Farm’s claim denial was a breach of the insurance[*745] contract “in willful and wanton disregard” of their rights. Count II alleged bad faith denial of the policy claim. State Farm moved for summary judgment, arguing both causes of action are time-barred because the policy requires that any action “be started within one year after the date of loss or damage.” In response to that motion, the Ingrims moved for leave to amend their complaint. The proposed amended complaint pleaded six bad faith causes of action. The district court [1] denied the Ingrims’ motion for leave to amend as futile, concluding that all six counts in the proposed amended complaint would be barred by the one-year limitations provision in the policy. The court then granted State Farm summary judgment dismissing the original complaint. The Ingrims appeal only the denial of their motion for leave to amend. We affirm.

Although leave to amend a complaint “should be freely granted,” it may be denied if the proposed amended pleading would be futile. Wald v. Southwestern Bell Corp. Customcare Med. Plan, 83 F.3d 1002, 1005 (8th Cir.1996); see Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962); Fed. R. Civ. P. 15(a). The one-year limitations provision in State Farm’s policy incorporates a provision of the Iowa statutory standard fire insurance policy. See Iowa Code Ann. § 515.138, Sixth, Second Page of Standard Fire Policy (West 1998). Such a provision is enforceable and bars all actions “on the policy.” Stahl v. Preston Mut. Ins. Ass’n, 517 N.W.2d 201, 202 (Iowa 1994). The issue in this case is whether the six bad faith causes of action asserted in the Ingrims’ proposed amended complaint are claims “on the policy” under Iowa law. If they are, the district court correctly concluded that granting the Ingrims leave to amend would have been futile. We review the district court’s determination of Iowa law de novo. Salve Regina Coll. v. Russell, 499 U.S. 225, 231, 111 S.Ct. 1217, 113 L.Ed.2d 190 (1991).

In Stahl, as in this case, a homeowner’s insurer denied a claim under the policy for alleged fire losses, and the insured sued for breach of the insurance contract and for bad faith denial of the claim. The Iowa Supreme Court concluded that the cause of action for bad faith denial of insurance benefits, though sounding in tort, was a claim “on the policy.” Therefore, both the breach of contract and the bad faith causes of action were barred by the policy’s one-year limitations provision. The court explained that “not all [bad faith] claims are actions on the policy,” but “[b]y its plain terms the [one-year] limitations clause is intended to cover an action for the policy proceeds.” 517 N.W.2d at 203. To avoid a policy limitations provision, plaintiff must allege “conduct on the part of the insurer giving rise to an independent or collateral cause of action.” Id. “Where denial of the claim in the first instance is the alleged bad faith and the insured seeks policy benefits, the bad faith action is on the policy and the limitations provision applies.” Id. at 204, quoting Velasquez v. Truck Ins. Exch., 1 Cal.App.4th 712, 5 Cal.Rptr.2d 1, 5 (1991). See generally Jang v. State Farm Fire & Cas. Co., 80 Cal.App.4th 1291, 95 Cal.Rptr.2d 917 (2000).

In this case, the Ingrims’ initial cause of action for bad faith denial of their claim under the State Farm policy was clearly time-barred under Stahl. In the proposed amended complaint, the Ingrims[*746] attempted to avoid the bar by asserting six bad faith causes of action labeled Inadequate Investigation, False Accusation, Exploitation of Vulnerable Position, Wrongful Cancellation, Deception, and Oppressive Demands. The district court concluded that these claims, too, are time-barred because they “do nothing more than simply amplify and specify how State Farm allegedly acted in bad faith when denying their claim.”

Without question, looking at the facts alleged confirms that each of the six bad faith causes of action arose out of State Farm’s handling of the Ingrims’ claim under the policy. Count I alleges bad faith in inadequately investigating the claim. Count II alleges that State Farm’s letter denying the claim falsely accused the In-grims of intentionally setting fire to their home. Count III alleges that in investigating and denying the claim State Farm in bad faith exploited the Ingrims’ vulnerable emotional and financial position. Count IV alleges bad faith retroactive cancellation of the policy on the day State Farm denied the claim. Count V alleges bad faith deception by sending an investigator to evaluate the Ingrims’ financial condition on the pretense of investigating the origin of the fire. Count VI alleges that State Farm in bad faith “imposed onerous and burdensome demands upon the [Ingrims] during its investigation and handling of their claims.”

The Ingrims argue these bad faith causes of action are not claims “on the policy” because the Ingrims are not seeking to recover the “policy proceeds,” that is, damages for the fire loss allegedly covered by the policy. But that contention is factually inaccurate. In the prayer for relief, each of the six counts in the proposed amended complaint seeks to recover “reasonably foreseeable damages ... such as mental pain and suffering, loss of reputation, and other damages.” (Emphasis added.) This language does not forego or exclude a claim for the policy proceeds. It is an exercise in artful pleading, an attempt to avoid the rule in Stahl by emphasizing types of damages sought in addition to the policy proceeds. But claims for additional damages do not avoid the rule in Stahl, because the Iowa Supreme Court expressly held that a bad faith claim that “seeks the policy benefits plus punitive damages for the alleged wrongful denial” was time-barred by the policy limitations provision. 517 N.W.2d at 204; accord Jang, 95 Cal.Rptr.2d at 926. Thus, the district court correctly concluded that each of the six bad faith causes of action in the proposed amended complaint falls within the express ambit of Stahl — a bad faith claim “where the denial of the [policy] claim in the first instance is the alleged bad faith and the insured seeks policy benefits.” As in Stahl, the Ingrims’ six new claims are merely “a disguised attempt to resolve a dispute as to” State Farm’s liability under the policy. 517 N.W.2d at 204.

If the proposed amended complaint had expressly disclaimed any intent to seek damages based upon the denial of policy benefits, this appeal would raise different issues, such as whether the policy limitations period still applies because the alleged bad faith was based upon State Farm’s handling of the policy claim, and if not, whether the independent tort of bad faith under Iowa law extends to insurer conduct not “on the policy” absent allegations that would satisfy the elements of more traditional torts, such as fraud, negligence, slander, or intentional infliction of emotional distress. To our knowledge, these issues have not been explored in prior Iowa cases, and we leave them for the future. All we decide is that, when a bad faith cause of action arises from an[*747] insurer’s investigation and denial of a claim under the policy and seeks damages that may fairly be construed to include policy benefits, that cause of action, like a suit for breach of the insurance contract, is governed by a limitations provision in the policy.

The judgment of the district court is affirmed.

1

. The HONORABLE HAROLD D. VIETOR, United States Senior District Judge for the Southern District of Iowa.