083547P.pdf   07/17/2009  Timothy Merriam  v.  Natl. Union Fire Ins. Co.
   U.S. Court of Appeals Case No:  08-3547
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Murphy, Author, with Arnold and Gruender, Circuit Judges]
   Civil Case - diversity - insurance. Grant of summary judgment on breach
   of contract claim was premature, as factual disputes remain as to whether
   insured was injured while performing tasks that fall within the course and
   scope of his duties under the independent contractor agreement and arose
   from or in the course of those actions. District court did not err in
   denying claim for bad faith denial of benefits. as the claim was fairly
   debatable and insurance company had an objectively reasonable basis for
   its denial.