from the Iowa District Court for Polk County, Arthur E.
Gamble, Judge. Schulz Farm Enterprises, Inc. appeals a grant
of summary judgment to IMT Insurance. AFFIRMED.
McAffee and Julie Vyskocil of Brick Gentry, P.C., West Des
Moines, for appellant.
Caroline K. Bettis and Scott Wormsley of Bradshaw, Fowler,
Proctor & Fairgrave, P.C., Des Moines, for appellee.
by Vaitheswaran, P.J., and Potterfield and Bower, JJ.
Farm Enterprises, Inc. (Schulz) appeals the district
court's grant of summary judgment to IMT Insurance. We
hold the district court properly found there were no genuine
issues of material fact and IMT was entitled to judgment as a
matter of law. We affirm the district court's grant of
summary judgment in favor of IMT.
Background Facts and Proceedings
is a farming operation based in New Hampton, Iowa. Schulz
contracted with Clark Swine Technology, Inc. (Clark) to
custom feed hogs owned by Schulz at a site owned by Wilson
Agriculture. The contract required Clark to take delivery of
hogs weighing fifty pounds and raise them until they attained
the market weight of approximately 275 pounds. The hogs were
owned by Schulz but were under the care and control of Clark.
contacted his independent insurance agent, Melanie Umble,
regarding the custom feeding operation. Umble had previously
provided Clark with homeowners, renters, health, and life
insurance, as well as some farm liability insurance for
buildings he owned in other locations. Umble, as an
independent agent, does not work for IMT. Clark told Umble he
owned neither the hogs nor the building but was responsible
for utilities, his own insurance, labor, repairs, feed, and
medicine. Based on this information, Umble recommended Clark
purchase an IMT Insurance Farmers Personal Liability Coverage
policy (Policy). Clark also purchased a Custom Feeding
Endorsement (Endorsement) for an annual premium of $118. The
relevant portions of the insurance policy are set forth
A. In this policy, "you" and
"your" refer to the "named insured" shown
in the Declarations and the spouse if a resident of the same
household. "We", "us" and "our"
refer to the Company providing this insurance.
B. In addition, certain words and phrases
are defined as follows:
. . . .
5. "Custom feeding" means the raising or care of
"livestock" or "poultry", performed by an
"insured" for others for a charge under a written
or oral contract or ...