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Budny v. Memberselect Insurance Co.

Court of Appeals of Iowa

January 11, 2017

CARL BUDNY, Plaintiff-Appellant,
v.
MEMBERSELECT INSURANCE COMPANY, Defendant-Appellee.

         Appeal from the Iowa District Court for Johnson County, Christopher L. Bruns, Judge.

         Insured appeals from district court's order granting summary judgment to insurer in policy dispute. AFFIRMED.

          L. Craig Nierman of Nierman Law, P.L.C., Coralville, for appellant.

          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.

          MCDONALD, Judge.

         Carl 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.

         I.

         On or 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 ...

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