The circumstances leading to this case may be summarized as follows:

A man was electrocuted while using a vacuum cleaner in a home purchased six years earlier; the former owner had personally performed electrical work twelve years before the occurrence that the widow alleged to be faulty and the cause of her husband's death; the former owner was currently insured under a homeowners policy that he purchased for a new home in which he was now living; the insurer refused defense of a lawsuit brought by the widow on the basis of a personal liability coverage exclusion for bodily injury (or property damage):

"...arising out of the ownership or rental to any insured of any premises other than the insured premises...."

In the course of legal action to determine the scope of coverage, the insurer sought summary judgment on two grounds: The insured's alleged negligence did not take place during the policy period; the accident occurred at a location other than an insured premises.

The widow moved for summary judgment, arguing that: Coverage was triggered by the injury rather than the commission of the alleged negligent act, as the liability insurance provisions were occurrence-based; where the injury occurred was not pertinent to the dispute, as she based her claim on the insured's negligence, not premises liability. The insurer appealed when the trial court found in her favor.

The Iowa Supreme Court affirmed that, as the liability insurance was of an "occurrence" nature, the time of injury was governing rather than the alleged negligent act(s) of the insured. This was not contested by the insurer on appeal.

Focusing on the "other premises" exclusion (quoted above), the high court found that it did not apply, as the insured did not have an ownership interest in the widow's home when the accident occurred. It said that proof by her that he performed the electrical work causing the occurrence would establish coverage. This was done.

The court affirmed the judgment of the trial court in favor of the widow and against the insurance company.

(TACKER, Appellee v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant. Iowa Supreme Court. No. 403/93-1568. April 26, 1995. CCH 1995 Fire and Casualty Cases, Paragraph 5267.)