231702P.pdf   02/07/2024  Menard, Inc.  v.  Farm Bureau P&C Ins. Co.
   U.S. Court of Appeals Case No:  23-1702
   U.S. District Court for the Southern District of Iowa - Central   
   [PUBLISHED] [Loken, Author, with Melloy and Kelly, Circuit Judges] 
   Civil case - Insurance. A Menards customer was injured while a Menard's 
   employee was loading a lumber purchase onto the customer's truck, and she 
   sued to recover damages for her injuries; Menards filed this action 
   seeking a declaratory judgment that the customer's motor vehicle liability 
   policy provided coverage; the district court found Menards and its 
   employee were covered insured and that no exclusion precluded coverage; on 
   appeal, the insurer argues the "intrafamily immunity" exclusion applied 
   and precluded coverage. Held: the district court erred in refusing to 
   apply the exclusion; under the policy, Menards qualified as a named 
   insured because its employee was helping the customer load her truck with 
   her consent; since the customer was also a named insured in her role as 
   owner of the truck, the intrafamily immunity exclusion provided there is 
   no coverage for her injury; in other words, the policy plainly provides 
   there is no liability for claims of one insured, the customer, against 
   another insured, Menards. Reversed.