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Iowa Supreme Court Schedules Special Evening Session in Des Moines

The Iowa Supreme Court will hear oral arguments in the case Wakonda Club v. Selective Insurance Company of America during a special evening session in Des Moines, Monday, February 21, at 7:00 p.m. in the Supreme Court Courtroom on the fourth floor of the Judicial Branch Building, 1111 East Court Avenue.

The evening session is open to the public and provides an opportunity for Iowa residents, who may not be able to attend the court's regular morning and afternoon sessions, to watch the court conduct oral arguments in person.

Wakonda Club v. Selective Insurance Company of America, case no. 21-0374, from Polk County District Court.

On March 17, 2020, the governor of Iowa issued a proclamation closing restaurants and bars because of the health threats posed by COVID-19. Wakonda Club (Wakonda) sought recovery from its carrier, Selective Insurance Company of America (Selective), for loss of income under its business interruption insurance policy. After Selective denied its claims, Wakonda alleged Selective breached its contract and acted in bad faith for its denial of coverage. Wakonda appeals from the district court’s entry of summary judgment for Selective. Wakonda argues the court erred by holding Wakonda had not suffered a covered loss because there was no physical alteration to Wakonda’s property and by holding the virus exclusion was not applicable because the governor’s proclamation, not the virus, caused Wakonda’s loss of business income.

Attorneys' briefs for the case are posted here on the Iowa Judicial Branch website.

Proceedings will be streamed live from the Iowa Judicial Branch YouTube channel.

For more information, visit the Iowa Supreme Court page on the Judicial Branch website.

Note to Editors: News media are invited to attend the oral arguments. Court rules apply regarding still camera, video camera, audio recording devices, and other electronic devices used in the courtroom during the oral arguments. Information on expanded media coverage is available on the Iowa Judicial Branch website.

The Iowa Court Rules regarding cameras and other electronic devices in courtrooms are on the Iowa Legislature website (PDF).