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Iowa Issues 2nd State Supreme Court Ruling Finding No Coverage for COVID Income Loss

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Iowa Issues 2nd State Supreme Court Ruling Finding No Coverage for COVID Income Loss


The Iowa Supreme Court docket on Friday dominated in two separate selections that COVID-19 didn’t trigger a bodily loss or harm that might enable a non-public golf membership or a restaurant and bar to recoup earnings misplaced throughout COVID-19 shutdown orders.

Iowa’s was the second state excessive courtroom within the nation to shut the door on COVID-related enterprise interruption claims. Its unanimous resolution adopted a ruling launched Thursday by the Massachusetts Supreme Judicial Court docket affirming dismissal of claims filed by three eating places.

Robert Hartwig, a College of South Carolina economics professor and former director of the Insurance coverage Data Institute, stated “the writing was on the wall many months in the past.” Along with the excessive courts for Massachusetts and Iowa, 10 of the federal Circuit Courts and intermediate appellate courts in California, Illinois, Indiana, Michigan, New York and Ohio have dominated the SARS-CoV-2 virus doesn’t trigger a direct bodily harm or loss to property, based on a litigation tracker maintained by the College of Pennsylvania’s Carey Legislation Faculty.

“It’s gone time for the plaintiff’s bar to the throw within the towel,” Hartwig stated in an e-mail. “Courts throughout the nation have dominated on 1000’s of instances arising from companies small and enormous in many alternative industries. The message the courts are sending are seldom this constant or this clear. COVID didn’t lead to bodily loss or harm to lined property. Interval. Finish of story.”

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The Wakonda Membership is a non-public member-owned golf and county membership in-built 1922 that boasts of panoramic views of the Des Moines skyline. The membership shutdown utterly from March 17 to March 28, 2020 and restricted gross sales from its Tiki Bar and snack bar to carryout orders unit Could 22 due to state pandemic precautions.

The golf membership filed a declare for misplaced earnings towards its coverage with Selective Insurance coverage Co. of America, which was denied. Wakonda Membership sued. Polk County District Court docket Decide Celene Gogerty granted abstract judgment in favor of the insurer.

The Supreme Court docket affirmed, agreeing with Selective that the coronavirus pandemic didn’t trigger any direct bodily loss or harm that was lined by the membership’s business property coverage. The courtroom by no means addressed whether or not a virus exclusion within the coverage utilized.

“The mere lack of use of property, with out extra, doesn’t meet the requirement for a direct bodily lack of property,” the opinion says.

Jesse’s Embers, which operates a bar and restaurant in Des Moines, filed a lawsuit after Farm Bureau Monetary Companies rejected its declare for enterprise earnings misplaced through the March-to-Could 2020 shutdown. Polk County District Court docket Decide Jeanie Okay. Vaudt granted abstract judgment for the insurer, discovering there was no bodily loss or harm and if there have been it will have been excluded beneath the coverage language anyway.

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The Supreme Court docket particularly rejected Jesse’s Embers’ argument that it was owed protection beneath the civil authority provision of its coverage.

“Our conclusion is strengthened by the quite a few courts which have rejected civil authority claims the place harm to adjoining properties was absent,” the opinion says.

The shedding streak for plaintiff’s prolonged into the federal courtroom system.

The eighth Circuit Court docket of Appeals on Friday affirmed a trial courtroom’s abstract judgment towards a business-interruption declare filed towards Intrepid Insurance coverage Co. by two eating places and a dental observe in St. Louis, Missouri.

The appellate panel dominated that beneath Missouri legislation, there was no bodily loss or harm to the Monday’s Eating places or the pediatric dental observe operated by Drs. Andrew Dill, Amy Varble and Michael Wong despite the fact that they had been compelled to briefly limit their operations.

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The eighth Circuit has issued two comparable rulings. It rejected a COVID-19 associated enterprise interruption declare filed by an oral surgical procedure observe in Iowa and a journey insurance coverage declare filed by a resident of Missouri.

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The 5 best NFL players of all time from Iowa State football

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The 5 best NFL players of all time from Iowa State football


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From Charles Heileman in 1939 to T.J. Tampa in 2024, Iowa State football has had 139 players selected in the NFL Draft.

There are no Iowa State alumni in the Pro Football Hall of Fame, but a few have enjoyed prolonged periods of elite success at the next level.

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Here’s a look at the best NFL careers of all time from former Cyclone stars:

More: Four potential breakout players in Iowa State football’s 2024 campaign

Matt Blair (LB, 1974-85)

After a terrific career at Iowa State, which saw him be named Most Outstanding Defensive Player of the 1971 Sun Bowl and a 1973 All-American, Blair was selected in the second round, 51st overall, by the Minnesota Vikings in 1974.

Blair earned by far the most recognition of any Iowa State alum during his NFL career. He notched six Pro Bowl nods (1977-82) and one first-team All-Pro (1980) selection in his 12 seasons, finishing his career with 160 games played, 130 games started, 23 sacks, 16 interceptions and 20 fumble recoveries.

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He ranks third in NFL history with 20 blocked kicks on special teams, the most notable being his blocked punt against the Pittsburgh Steelers in Super Bowl IX that resulted in a touchdown — the Vikings’ only points in the 16-6 loss.

Blair was also an integral part of Minnesota’s 11-2-1 1976 squad that sported the league’s second-ranked defense and returned to the Super Bowl. The former Cyclone during that season tallied two interceptions and five fumble recoveries, as well as two fumble recoveries in the Vikings’ 24-13 NFC Championship victory over the Los Angeles Rams.

Blair was inducted into the Iowa State Athletics Hall of Fame in 1999 and the Minnesota Vikings Ring of Honor in 2012.

He died on October 22, 2020, at the age of 70.

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More: Former Iowa State, Minnesota Vikings football star Matt Blair remembered as a kick-blocking pioneer

Keith Sims (G, 1990-2000)

Sims’ Cyclones career was stellar, making him the 39th overall pick by the Miami Dolphins in the 1990 draft and an Iowa State Hall of Fame inductee in 2006.

The guard was an integral piece of the unit that blocked for Hall of Fame quarterback Dan Marino. Sims earned three consecutive Pro Bowl selections from 1993-95, as well as second-team All-Pro honors in 1994.

Sims played his last three seasons for Washington after eight seasons in Miami. Overall, Sims started in 133 of his 142 career games, as well as all seven of his playoff games.

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More: Iowa State football schedule 2024: Ranking the Cyclones’ six most compelling games

Marcus Robertson (DB, 1991-2002)

Robertson totaled 257 tackles, six interceptions and nine forced fumbles during his ISU career, good enough for the Houston Oilers to pick him in the fourth round, 102nd overall, in the 1991 NFL Draft. Iowa State inducted Robertson into its Hall of Fame in 2009.

He mostly played free safety during 12 professional seasons, with his best campaign coming in 1993 when Robertson was named first-team All-Pro. That year he notched 82 total tackles, seven interceptions, two forced fumbles and three fumble recoveries for a league-leading 107 fumble-return yards and one TD.

Although he never replicated that production again, Robertson remained a steady starter for more than a decade. He remained with the organization when it transitioned from the Houston Oilers to the Tennessee Titans and was a key piece of the team’s run to Super XXXIV, although he missed the game after getting injured during an interception in the AFC Championship Game.

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Robertson played his final two NFL seasons with the Seattle Seahawks before retiring at age 33. Overall, he started in 144 of his 162 career games and finished with totals of 24 interceptions and 72 passes defensed.

Robertson remains involved in professional football. He began as the Titans’ director of player development, and he and his staff received the Winston and Shell Award in 2006 for innovation and commitment to player development.

The former Cyclone then shifted to the sidelines and is currently the defensive backs coach for the New Orleans Saints. He was also a coaching staff member for the Titans, Arizona Cardinals, Denver Broncos, Oakland Raiders and Detroit Lions.

Kelechi Osemele (T, 2012-20)

Osemele vaulted up draft boards after his 2011 Cyclones season garnered him All-American honors from Sports Illustrated, as well as a first-team All-Big 12 selection. He was chosen in the second round, 60th overall, by the Baltimore Ravens in 2012.

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Osemele started all 16 regular-season games as a rookie and all four playoff contests en route to the franchise’s Super Bowl victory over the San Francisco 49ers. The ex-Cyclone had back surgery during his sophomore campaign, missed 13 games over the next three seasons and was not resigned by Baltimore, making him a free agent. He eventually landed with the Oakland Raiders in 2016 on a five-year, $60 million deal.

In 2018, Osemele was the second-highest-paid left guard in the NFL.

He played the best football of his career in the silver and black. Osemele was named to the Pro Bowl in 2016 and 2017, and earned first-team All-Pro honors in 2016 for a Raiders offense that had the sixth-best rushing offense in the league.

Injuries then piled up for Osemele. He played in just 19 games over his final three seasons and was traded from Oakland to the New York Jets in 2019, and later signed with the Kansas City Chiefs in 2020 before retiring.

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Brock Purdy (QB, 2022-23)

“Mr. Irrelevant,” the 262nd and final pick of the 2022 NFL Draft, has already etched himself onto the list of greatest NFL players from Iowa State.

Purdy’s three All-Big 12 selections and 32 Cyclones program records weren’t enough to garner significant interest from pro scouts, but just as he did when he began his ISU career, the Arizona native rose from the bottom of San Francisco’s depth chart to starter and never looked back.

In just two seasons leading the 49ers’ talented roster, Purdy has taken the franchise to consecutive NFC Championship Games and Super Bowl LVIII. In 25 career games, he’s thrown for 5,654 yards, 44 TDs and just 15 interceptions.

He has a 17-4 regular-season record as a starter, and his only playoff loss when playing a full game came in the Super Bowl against back-to-back champion Patrick Mahomes and the Chiefs in overtime.

When it’s all said and done, Purdy could be Iowa State’s greatest NFL product.

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Gus Martin is a Digital Producer/Content Director for The Des Moines Register. Follow him on X at @GusMartin_DMR.





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Governor seeks federal aid for northwest Iowa flood victims – Radio Iowa

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Governor seeks federal aid for northwest Iowa flood victims – Radio Iowa


Governor Kim Reynolds is calling flood related losses in northwest Iowa “staggering” and she is asking for a presidential disaster declaration to trigger federal aid for flood victims.

During a brief Sunday afternoon, Governor Reynolds said the preliminary estimate is “at least 1900 properties” in 22 counties have been swamped by flood waters and hundreds of homes have been destroyed.

“I can tell you the devastation is severe and it’s widespread,” Reynolds said. “In almost every community impacted the rivers crested several feet above record levels from the floods of 1993.”

Over a thousand Iowans stayed in emergency shelters Saturday night. By Sunday, at least 10 communities had no drinking water.

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“The seven day forecast calls for more rain,” Reynolds said, “which means flooding may continue to be an issue and may impact other parts of the state as well.”

Sixteen river gauges in northwest Iowa have already recorded historic flood levels. On Sunday night, Iowa Homeland Security and Emergency Management director John Benson met with local officials about making preparations in the other places where those flood waters are headed.

“This is a very serious flood that we’re in right now and it is not going to cease,” Benson said. “It is going to blossom across the state.”

Benson said the key is protecting critical infrastructure, like drinking water plants. “Where it does become a challenge is if you have, like we had up in northwest Iowa…a completely excessive, unforecastable rainfall,” Benson said, “…but if we get normal stuff, they’re on top of it…We’re already having those conversations about what we can do to get better prepared for what we’re going to see here in the future.”

Last week over 10 inches of rain fell in northwest Iowa and the nearby river basins in Nebraska, South Dakota and Minnesota that drain into northwest Iowa. Donna Dubberke, the meteorologist in charge at the National Weather Service in Johnston, said that’s eight times the average amount.

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“That water is now working its way down through the system,” she said, “so the concern with the forecast is we remain in an active weather pattern, which means periodic rain chances throughout the next week to 10 days.”

The governor is urging Iowans who get evacuation orders to heed those warnings. Helicopters were deployed to rescue residents after a levee was breached in Rock Valley and Iowa Department of Natural Resouces staff performed 250 water rescues throughout northwest Iowa on Saturday. Iowa Public Safety Commissioner Stephen Bayens said state troopers witnessed two drivers who ignored a “road closed” sign.

“Kind of barreled headlong into floodwaters, ended up getting swept away,” Bayens said. “We had one individual that was on the cusp of losing his life had the Iowa State Patrol Air Wing not spotted his heat signature in the water and was able to dispatch boats in a timely way to rescue him.”

Iowa Department of Transportation director Scott Marler said his agency has moved 23 pumps into northwest Iowa to try to clear water from roadways. On Sunday, the Iowa DOT moved 5000 Hesco barriers to build temporary levies in key locations.

Reynolds is asking President Biden to activate federal assistance for individuals as well as low interest Small Business Administration loans for businesses the following nine counties: Buena Vista, Clay, Dickinson, Emmet, Lyon, O’Brien, Osceola, Plymouth and Sioux Counties. The governor’s also seeking federal help for local governments in 22 counties that are dealing with damage to public infrastructure and the cost of removing debris. Those counties are Buena Vista, Cerro Gordo, Cherokee, Clay, Dickinson, Emmet, Floyd, Hancock, Humboldt, Kossuth, Lyon, O’Brien, Osceola, Palo Alto, Plymouth, Pocahontas, Sioux, Webster, Winnebago, Woodbury, Worth and Wright.

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On Sunday afternoon Governor Reynolds told reporters Rock Valley may be unable to quickly revive its drinking water plant and the Iowa National Guard may step in with a temporary system that produces drinking water for the community.



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Historic Flooding in Portions of Northwest Iowa

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Historic Flooding in Portions of Northwest Iowa


Historic Flooding in Portions of Northwest Iowa | Western Iowa Today 96.5 KSOM KS 95.7 – News for Atlantic, Audubon, Harlan, Red Oak and Western Iowa














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News and Information for Atlantic, Audubon, Harlan and Red Oak | Western Iowa Today





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