exclusion clause (Iowa) · Go Syfert
← Iowa issues

exclusion clause in Iowa

23 Iowa opinions name it 2 courts 1912–2024 1 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (17)

CaseFollowedCited
State of Iowa v. Carson Michael Walkergreen
iowa · 2011 · cited in 3 Iowa opinions naming this issue, 2017–2017
2 sentences

2017See State v. Walker, 804 N.W.2d 284, 296 (Iowa 2011) (suppressing breath-test results as remedy for violation of statutory requirement to permit detainee to meet alone and in private with attorney); State v. Albrecht, 657 N.W.2d 474, 477 (Iowa 2003) (“The remedy for not substantially complying with the implied-consent procedure is the exclusion of the test results . . . .”).

2017See State v. Walker, 804 N.W.2d 284, 296 (Iowa 2011) (suppressing breath-test results as remedy for violation of statutory requirement to permit detainee to meet alone and in private with attorney); State v. Albrecht, 657 N.W.2d 474, 477 (Iowa 2003) (“The remedy for not substantially complying with the implied-consent procedure is the exclusion of the test results . . . .”).

33
State v. Albrechtgreen
iowa · 2003 · cited in 3 Iowa opinions naming this issue, 2017–2017
2 sentences

2017See State v. Walker, 804 N.W.2d 284, 296 (Iowa 2011) (suppressing breath-test results as remedy for violation of statutory requirement to permit detainee to meet alone and in private with attorney); State v. Albrecht, 657 N.W.2d 474, 477 (Iowa 2003) (“The remedy for not substantially complying with the implied-consent procedure is the exclusion of the test results . . . .”).

2017See State v. Walker, 804 N.W.2d 284, 296 (Iowa 2011) (suppressing breath-test results as remedy for violation of statutory requirement to permit detainee to meet alone and in private with attorney); State v. Albrecht, 657 N.W.2d 474, 477 (Iowa 2003) (“The remedy for not substantially complying with the implied-consent procedure is the exclusion of the test results . . . .”).

33
Dale Boelman and Nancy Boelman v. Grinnell Mutual Reinsurance Companygreen
iowa · 2013 · cited in 3 Iowa opinions naming this issue, 2016–2016
2 sentences

2016See Boelman, 826 N.W.2d at 501–02.

2016See Boelman, 826 N.W.2d at 501-02 .

33
People v. Griffingreen
cal · 1967 · cited in 2 Iowa opinions naming this issue, 1977–1977
2 sentences

1977People v. Griffin, 66 Cal.2d 459, 466 , 58 Cal.Rptr. 107, 111 , 426 P.2d 507, 510-511 (1967); Womble v. State, 8 Md.App. 119, 125 , 258 A.2d 786, 789-790 (1969); State v. Smith, 271 Or. 294, 298-299 , 532 P.2d 9, 11-12 (Or.1975); see 1 Wharton’s Criminal Evidence § 262, at 625 (1972); Annot., Evidence — Other Offense — Acquittal, 86 A.L.R.2d 1132 (1962).

1977People v. Griffin, 66 Cal.2d 459, 466 , 58 Cal.Rptr. 107, 111 , 426 P.2d 507, 510-511 (1967); Womble v. State, 8 Md.App. 119, 125 , 258 A.2d 786, 789-790 (1969); State v. Smith, 271 Or. 294, 298-299 , 532 P.2d 9, 11-12 (Or.1975); see 1 Wharton’s Criminal Evidence § 262, at 625 (1972); Annot., Evidence — Other Offense — Acquittal, 86 A.L.R.2d 1132 (1962).

22
Womble v. Stategreen
mdctspecapp · 1969 · cited in 2 Iowa opinions naming this issue, 1977–1977
2 sentences

1977People v. Griffin, 66 Cal.2d 459, 466 , 58 Cal.Rptr. 107, 111 , 426 P.2d 507, 510-511 (1967); Womble v. State, 8 Md.App. 119, 125 , 258 A.2d 786, 789-790 (1969); State v. Smith, 271 Or. 294, 298-299 , 532 P.2d 9, 11-12 (Or.1975); see 1 Wharton’s Criminal Evidence § 262, at 625 (1972); Annot., Evidence — Other Offense — Acquittal, 86 A.L.R.2d 1132 (1962).

1977People v. Griffin, 66 Cal.2d 459, 466 , 58 Cal.Rptr. 107, 111 , 426 P.2d 507, 510-511 (1967); Womble v. State, 8 Md.App. 119, 125 , 258 A.2d 786, 789-790 (1969); State v. Smith, 271 Or. 294, 298-299 , 532 P.2d 9, 11-12 (Or.1975); see 1 Wharton’s Criminal Evidence § 262, at 625 (1972); Annot., Evidence — Other Offense — Acquittal, 86 A.L.R.2d 1132 (1962).

12
State v. Reitenbaughgreen
iowa · 1986 · cited in 1 Iowa opinions naming this issue, 2024–2024
1 sentence

2024See, e.g., State v. Reitenbaugh, 392 N.W.2d 486 , 487–90 (Iowa 1986) (holding that admission of criminal defendant’s arrest warrant containing statements of non-testifying probation officer under public records exception was improper because “statements of the probation officer constituted factual findings resulting from the special investigation of a particular incident, defendant’s failure to report, thereby making those hearsay statements inadmissible under rule [5.]803(8)(B)(iv)”); State v. McCurry, 544 N.W.2d 444 , 446–48 (Iowa 1996) (discussing reasoning behind rule 5.803(8)(B) exception

11
State v. Tategreen
iowa · 2006 · cited in 1 Iowa opinions naming this issue, 2018–2018
1 sentence

2018A postconviction hearing would provide Esparza’s trial counsel the chance to explain his decision to raise the exclusion claim in a motion in limine rather than a motion to suppress and to “defend against the charge.” See State v. Tate, 710 N.W.2d 237, 240 (Iowa 2006).

11
State v. Shanahangreen
iowa · 2006 · cited in 1 Iowa opinions naming this issue, 2018–2018
1 sentence

2018The record is also undeveloped “as to any prejudice which may or may not have resulted from trial counsel’s actions.” See State v. Shanahan, 712 N.W.2d 121, 143 (Iowa 2006).

11
State of Iowa v. Mark Daryl Beckergreen
iowa · 2012 · cited in 1 Iowa opinions naming this issue, 2017–2017
1 sentence

2017Third, as the court of appeals, we cannot revisit our supreme court’s decision in State v. Becker, 818 N.W.2d 135, 137 (Iowa 2012),1 which found no error in the denial of a jury instruction explaining the consequences of an insanity verdict.

11
State of Iowa v. Denise Leone Freigreen
iowa · 2013 · cited in 1 Iowa opinions naming this issue, 2015–2015
1 sentence

2015See Frei, 831 N.W.2d at 73-74 .

11
Kalell v. Mutual Fire & Automobile Insurance Co.green
iowa · 1991 · cited in 1 Iowa opinions naming this issue, 2004–2004
1 sentence

2004As to an exclusion clause, however, a narrow or restrictive construction is required. 471 N.W.2d at 867 (emphasis added and original emphases omitted).

11
State v. Kjosgreen
iowa · 1994 · cited in 1 Iowa opinions naming this issue, 2003–2003
1 sentence

2003State v. Kjos, 524 N.W.2d 195,197 (Iowa 1994).

11
Pachucki v. Republic Insurance Co.green
wis · 1979 · cited in 1 Iowa opinions naming this issue, 2001–2001
1 sentence

2001Id. at 904.

11
Eichelberger v. Warnergreen
pasuperct · 1981 · cited in 1 Iowa opinions naming this issue, 1991–1991
2 sentences

1991See, e.g., Eichelberger v. Warner, 290 Pa.Super. 269, 275-76 , 434 A.2d 747, 750 (1981).

1991See, e.g., Eichelberger v. Warner, 290 Pa.Super. 269, 275-76 , 434 A.2d 747, 750 (1981).

11
Beyer v. City of Dubuquegreen
iowa · 1966 · cited in 1 Iowa opinions naming this issue, 1980–1980
2 sentences

1980See Beyer v. City of Dubuque, 258 Iowa 476, 486 , 139 N.W.2d 428, 435 (1966) (“We are satisfied that when an action in tort is brought against a municipality and others as parties defendant, plaintiff may nevertheless effectively challenge any members of the jury panel who are taxpayers in the defendant municipality.”).

1980See Beyer v. City of Dubuque, 258 Iowa 476, 486 , 139 N.W.2d 428, 435 (1966) (“We are satisfied that when an action in tort is brought against a municipality and others as parties defendant, plaintiff may nevertheless effectively challenge any members of the jury panel who are taxpayers in the defendant municipality.”).

11
State v. Smithgreen
or · 1975 · cited in 1 Iowa opinions naming this issue, 1977–1977
2 sentences

1977People v. Griffin, 66 Cal.2d 459, 466 , 58 Cal.Rptr. 107, 111 , 426 P.2d 507, 510-511 (1967); Womble v. State, 8 Md.App. 119, 125 , 258 A.2d 786, 789-790 (1969); State v. Smith, 271 Or. 294, 298-299 , 532 P.2d 9, 11-12 (Or.1975); see 1 Wharton’s Criminal Evidence § 262, at 625 (1972); Annot., Evidence — Other Offense — Acquittal, 86 A.L.R.2d 1132 (1962).

1977People v. Griffin, 66 Cal.2d 459, 466 , 58 Cal.Rptr. 107, 111 , 426 P.2d 507, 510-511 (1967); Womble v. State, 8 Md.App. 119, 125 , 258 A.2d 786, 789-790 (1969); State v. Smith, 271 Or. 294, 298-299 , 532 P.2d 9, 11-12 (Or.1975); see 1 Wharton’s Criminal Evidence § 262, at 625 (1972); Annot., Evidence — Other Offense — Acquittal, 86 A.L.R.2d 1132 (1962).

11
United Fire & Casualty Co. v. Mrasgreen
iowa · 1952 · cited in 1 Iowa opinions naming this issue, 1963–1963
2 sentences

1963The court says: “The Casualty Company relies upon decisions of the Oklahoma Supreme Court holding that an injury to an employee sustained while he is returning from work in a conveyance furnished by his employer is an injury ‘arising out of and in the course of his employment.’ But, in those decisions, the Supreme Court was construing a provision of the Oklahoma Workmen’s Compensation Law and not a private contract, and it has repeatedly held that such law is a remedial statute and should receive a liberal construction in favor of the injured °employee.” After pointing out that an exclusion cl

1963The court says: “The Casualty Company relies upon decisions of the Oklahoma Supreme Court holding that an injury to an employee sustained while he is returning from work in a conveyance furnished by his employer is an injury ‘arising out of and in the course of his employment.’ But, in those decisions, the Supreme Court was construing a provision of the Oklahoma Workmen’s Compensation Law and not a private contract, and it has repeatedly held that such law is a remedial statute and should receive a liberal construction in favor of the injured °employee.” After pointing out that an exclusion cl

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Francis v. Scheper green
mich · 1949
2 sentences

1963Pointing out that the exclusion clause differs materially from the clause in the Workmen’s Compensation law, “‘arising out of and in the course of his employment” ’, the decision states: ‘The word “engaged” connotes action.’ “In Francis v. Scheper, 326 Mich. 441, 447 , 40 N.W.2d 214, 217 , the exclusion clause in the policy excepted those ‘engaged in the employment’ of insured.

1963Pointing out that the exclusion clause differs materially from the clause in the Workmen’s Compensation law, “‘arising out of and in the course of his employment” ’, the decision states: ‘The word “engaged” connotes action.’ “In Francis v. Scheper, 326 Mich. 441, 447 , 40 N.W.2d 214, 217 , the exclusion clause in the policy excepted those ‘engaged in the employment’ of insured.

21952–1963
State v. McCurry green
iowa · 1996
1 sentence

2024See, e.g., State v. Reitenbaugh, 392 N.W.2d 486 , 487–90 (Iowa 1986) (holding that admission of criminal defendant’s arrest warrant containing statements of non-testifying probation officer under public records exception was improper because “statements of the probation officer constituted factual findings resulting from the special investigation of a particular incident, defendant’s failure to report, thereby making those hearsay statements inadmissible under rule [5.]803(8)(B)(iv)”); State v. McCurry, 544 N.W.2d 444 , 446–48 (Iowa 1996) (discussing reasoning behind rule 5.803(8)(B) exception

12024–2024
Krause v. Krause green
iowa · 1999
1 sentence

2001Accordingly, Westfield has not established that “an ordinary layperson would misunderstand [the policy] coverage.” See id.

12001–2001
American Fire and Casualty Company v. Charles E. (Charley) Bramlett green
ca5 · 1958
1 sentence

1963It was incumbent on defendant casualty com-.tyii’iiy, who draftrA *Giie policy, in order to escape liability under *217 the circumstances of this case, so to draft the policy as to make clear the extent of nonliability under the exclusion clause.’ ” The case of American Fire and Casualty Co. v. Bramlett, supra, is the only case cited by appellant which has an exclusion clause containing the phrase “arising out of and in the course of employment”.

11963–1963
Sanco Co. v. Employers Mutual Liability Insurance green
nh · 1959
1 sentence

1959Co. of Wisconsin, N. H., 154 A.2d 454 .

11959–1959
McLoughlin v. Shaw green
· 1920
2 sentences

1959R. 1102, in the course of the opinion it is among other things said: “ ‘While the word “charge” has a very broad and varied meaning (McLoughlin v. Shaw, 95 Conn. 102, 107 , 111 A. 62 ), a person or thing is not “in charge of” an insured within the meaning of the policy unless he has the right to exercise dominion or control over it ’ ” However, Edwards v. Travelers Indemnity Co., 201 Tenn. 435 , 300 S.W.2d 615 , which quotes at length from the Saltzman case, holds damage to a bulldozer which insured used without the consent of its owner, for his own benefit and for its ordinary general purpose

1959R. 1102, in the course of the opinion it is among other things said: “ ‘While the word “charge” has a very broad and varied meaning (McLoughlin v. Shaw, 95 Conn. 102, 107 , 111 A. 62 ), a person or thing is not “in charge of” an insured within the meaning of the policy unless he has the right to exercise dominion or control over it ’ ” However, Edwards v. Travelers Indemnity Co., 201 Tenn. 435 , 300 S.W.2d 615 , which quotes at length from the Saltzman case, holds damage to a bulldozer which insured used without the consent of its owner, for his own benefit and for its ordinary general purpose

11959–1959
McLouth Steel Corp. v. Mesta MacHine Co. Foster v. Hartford Accident & Indemnity Co. (Landis Tool Co., Third-Party Defendant) green
ca3 · 1954
1 sentence

1959In other words, the exclusion clause applies not only in situations in which the insured is the owner of the damaged property but also in cases in which his dominion over the property damage is not based on ownership.” The case just referred to as not supporting the general view is McLouth Steel Corp. v. Mesta Machine Co., 1954, 3 Cir., 214 F.2d 608 , certiorari denied 348 U. S. 873 , 75 S. Ct. 109 , 99 L.

11959–1959
Edwards v. Travelers Indemnity Co. green
tenn · 1957
2 sentences

1959R. 1102, in the course of the opinion it is among other things said: “ ‘While the word “charge” has a very broad and varied meaning (McLoughlin v. Shaw, 95 Conn. 102, 107 , 111 A. 62 ), a person or thing is not “in charge of” an insured within the meaning of the policy unless he has the right to exercise dominion or control over it ’ ” However, Edwards v. Travelers Indemnity Co., 201 Tenn. 435 , 300 S.W.2d 615 , which quotes at length from the Saltzman case, holds damage to a bulldozer which insured used without the consent of its owner, for his own benefit and for its ordinary general purpose

1959R. 1102, in the course of the opinion it is among other things said: “ ‘While the word “charge” has a very broad and varied meaning (McLoughlin v. Shaw, 95 Conn. 102, 107 , 111 A. 62 ), a person or thing is not “in charge of” an insured within the meaning of the policy unless he has the right to exercise dominion or control over it ’ ” However, Edwards v. Travelers Indemnity Co., 201 Tenn. 435 , 300 S.W.2d 615 , which quotes at length from the Saltzman case, holds damage to a bulldozer which insured used without the consent of its owner, for his own benefit and for its ordinary general purpose

11959–1959
American Federation of Musicians v. Stein green
scotus · 1954
1 sentence

1959In other words, the exclusion clause applies not only in situations in which the insured is the owner of the damaged property but also in cases in which his dominion over the property damage is not based on ownership.” The case just referred to as not supporting the general view is McLouth Steel Corp. v. Mesta Machine Co., 1954, 3 Cir., 214 F.2d 608 , certiorari denied 348 U. S. 873 , 75 S. Ct. 109 , 99 L.

11959–1959
Vaughan v. Petroleum Conversion Corp. green
scotus · 1954
1 sentence

1959In other words, the exclusion clause applies not only in situations in which the insured is the owner of the damaged property but also in cases in which his dominion over the property damage is not based on ownership.” The case just referred to as not supporting the general view is McLouth Steel Corp. v. Mesta Machine Co., 1954, 3 Cir., 214 F.2d 608 , certiorari denied 348 U. S. 873 , 75 S. Ct. 109 , 99 L.

11959–1959
Vulcan Furniture Manufacturing Corp. v. National Labor Relations Board green
scotus · 1954
1 sentence

1959In other words, the exclusion clause applies not only in situations in which the insured is the owner of the damaged property but also in cases in which his dominion over the property damage is not based on ownership.” The case just referred to as not supporting the general view is McLouth Steel Corp. v. Mesta Machine Co., 1954, 3 Cir., 214 F.2d 608 , certiorari denied 348 U. S. 873 , 75 S. Ct. 109 , 99 L.

11959–1959
Hardware Mutual Casualty Co. v. Ozmun green
minn · 1944
2 sentences

1952Co. v. Ozmun, 217 Minn. 280 , 14 N.W.2d. 351 ; Preferred Acc. Ins.

1952Co. v. Ozmun, 217 Minn. 280 , 14 N.W.2d. 351 ; Preferred Acc. Ins.

11952–1952
Hudak v. Union Indemnity Co. green
conn · 1928
2 sentences

1942We must hold that at the time of the collision in question his driving was a clear violation of section 85.08 (la), Stats., within the exclusion clause of the insurance policy.” The opinion cites Hudak v. Union Indemnity Co., 108 Conn. 598 , 143 A. 885 ; Weiss v. Preferred Acc. Ins.

1942We must hold that at the time of the collision in question his driving was a clear violation of section 85.08 (la), Stats., within the exclusion clause of the insurance policy.” The opinion cites Hudak v. Union Indemnity Co., 108 Conn. 598 , 143 A. 885 ; Weiss v. Preferred Acc. Ins.

11942–1942
McCann v. Downey green
iowa · 1940
11942–1942
Weiss v. Preferred Accident Insurance neutral
nysupct · 1933
11942–1942
Hart v. Cedar Rapids & Marion City Railway Co. neutral
iowa · 1899
11912–1912

Statutes the citing opinions construe

IA § Iowa Code § 321J.5 (4) IA § Iowa Code § 321J.6 (4) IA § Iowa Code § 321J.8 (3) IA § Iowa Code § 462A.13 (3) IA § Iowa Code § 462A.14 (3) IA § Iowa Code § 462A.14A (3) IA § Iowa Code § 462A.14B (3) IA § Iowa Code § 462A.14C (3) IA § Iowa Code § 535.2 (3) IA § Iowa Code § 708.1 (3) IA § Iowa Code § 804.20 (3) IA § Iowa Code § 808.3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 175 (1939–2026) TX 96 (1952–2025) IL 88 (1901–2024) LA 86 (1925–2017) NY 78 (1898–2024) PA 62 (1934–2024) MO 59 (1933–2025) NJ 50 (1957–2024) FL 49 (1955–2024) CT 48 (1894–2024) WI 45 (1937–2026) MI 36 (1949–2024) WA 36 (1931–2025) MD 32 (1939–2020) OH 32 (1924–2026) MS 31 (1954–2022) GA 31 (1910–2026) OR 30 (1943–2026) MA 27 (1954–2026) IN 26 (1976–2020) MN 26 (1920–2018) TN 25 (1917–2022) CO 24 (1942–2013) IA 23 (1912–2024) NM 23 (1960–2025) SC 22 (1937–2025) NC 21 (1951–2023) KS 19 (1962–2016) UT 16 (1937–2024) VA 16 (1935–2025) AZ 15 (1970–2023) AL 15 (1903–2015) OK 14 (1952–2011) AR 14 (1945–2025) DC 12 (1986–2026) WY 12 (1971–2025) NH 12 (1963–2023) MT 12 (1967–2023) WV 12 (1982–2023) KY 11 (1958–2025) ID 9 (1981–2014) DE 8 (1962–2024) HI 8 (1992–2021) NV 8 (1952–2014) RI 7 (1958–2007) ND 7 (1965–2020) AK 7 (1981–2007) NE 6 (1943–2015) ME 6 (1952–2019) VT 5 (1894–2012) PR 5 (1949–2023) SD 4 (1963–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check