DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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183341P.pdf 04/20/2020 Joseph J. Henderson & Sons v. Travelers Property Casualty
U.S. Court of Appeals Case No: 18-3341
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Wollman, Author, with Colloton and Benton, Circuit Judges]
Civil case - Insurance. The "faulty workmanship" exclusion in the policy
at issue did not contain an anticoncurrent-cause provision and did not bar
Henderson's recovery when the underlying loss is caused both by an
excluded event, such as faulty workmanship, and an event otherwise
covered, such as the windstorm which occurred here; under Iowa law,
concurrent causes are independent causes even though each cause does not
independently cause the relevant harm; the argument that the extent of the
damage caused by the windstorm was dependent on the faulty workmanship
rejected; Henderson presented evidence at trial that the windstorm was the
catalyst for the damage to the roof and a reasonable juror could have
found that faulty workmanship was not the sole proximate cause of the
damage; claim the court plainly erred in instructing the jury on proximate
cause rejected; claim for remittitur rejected.