from the Iowa District Court for Johnson County, Christopher
L. Bruns, Judge.
appeals from district court's order granting summary
judgment to insurer in policy dispute. AFFIRMED.
Craig Nierman of Nierman Law, P.L.C., Coralville, for
Matthew J. Nagle and Cassandra C. Wolfgram of Lynch Dallas,
P.C., Cedar Rapids, for appellee.
Considered by Danilson, C.J., and Doyle and McDonald, JJ.
Budny appeals from the district court's order granting
summary judgment in favor of MemberSelect Insurance Co.
(MemberSelect). Budny claims the district court erred in
granting summary judgment.
around August 11, 2014, Budny purchased homeowners insurance
from AAA Insurance, a MemberSelect company. He was given the
option to purchase several riders. Budny purchased two
riders, "H-290: Personal Property Replacement Cost,
" and "H-500: Protection Plus Homeowners
Package." The latter also included within it
"H-210: Special Jewelry and Furs Coverage." There
were approximately twenty riders Budny did not select,
including, relevantly, "H-95: Sewer, Drain and Sump
Water Backup Coverage." Budny subsequently renewed his
coverage in August 2015.
Budny's insurance policy provides:
13. [We cover direct physical loss caused by] [a]ccidental
discharge or overflow of water or steam from within a
plumbing, heating, air conditioning or automatic fire
protection sprinkler system or domestic appliance.
We will not cover loss:
a. to the system or appliance from which the water or steam