C & J Fertilizer, Inc. v. Allied Mutual Insurance Co.
Supreme Court of Iowa
227 N.W.2d 169 (1975)
C & J Fertilizer, Inc. (CJ) (plaintiff) was insured by Allied Mutual Insurance Co. (Allied) (defendant) against burglary. The policy explicitly excluded burglaries where there were no visible marks on the exterior of the premises of forced entry. When CJ entered into the agreement, a representative of Allied visited the premises. At that time Allied’s representative informed CJ that there needed to be visible evidence of the burglary. However, he did not inform CJ that there needed to be visible marks as explained in the policy. CJ’s president reviewed the policy, including the coverage for burglary loss, but did not recall reading the fine print defining burglary. He did, however, testify that he knew of the burglary provision because it was similar to contracts he has on his farm. CJ’s premises were later burglarized. All exterior doors had been locked and secure. CJ discovered tire tracks in the driveway and visible evidence of the burglary on an interior door. There were no visible marks on the exterior of the premises. CJ suffered a loss of about $10,000. Allied refused to pay for CJ’s loss under the policy. CJ filed suit. The trial court entered judgment for Allied. CJ appealed.
Rule of Law
Holding and Reasoning (Reynoldson, J.)
Dissent (LeGrand, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 709,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 709,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.