IN THE COURT OF APPEALS OF IOWA

No. 13-1132

Filed April 30, 2014

MITCHELL KELLEHER,

Plaintiff-Appellant,

vs.

AMERICAN STANDARD INSURANCE 

COMPANY OF WISCONSIN, Member of 

AMERICAN FAMILY INSURANCE 

GROUP, Madison, WI,

Defendant-Appellee.

________________________________________________________________

Appeal from the Iowa District Court for Chickasaw County, Richard D. 

Stochl, Judge.

Mitchell Kelleher appeals from a declaratory judgment of no insurance 

coverage. AFFIRMED. 

Zachary C. Priebe of Jeff Carter Law Offices, P.C., Des Moines, for 

appellant.

Scott K. Green, West Des Moines, for appellee.

Considered by Danilson, C.J., and Vaitheswaran and Mullins, JJ.
2

DANILSON, C.J.

This is a declaratory judgment action to ascertain whether there is 

insurance coverage for Mitchell Kelleher’s injuries. The insurance policy 

excludes intentional acts. We conclude the district court did not err in 

determining coverage does not exist as the injuries were caused by an 

intentional act. We affirm.

This case arises from incidents occurring in May 2005. Jeremy 

Schaufenbuel and a group of friends were involved in ongoing conflict with 

Mitchell Kelleher and his friends. In the early morning hours of May 14, 2005, 

Schaufenbuel—after a night of using his vehicle as a weapon, hitting other cars, 

including Kelleher’s, and using his vehicle to trap a person against a wall so 

others could hit that person—drove at Kelleher, who was on foot. Kelleher ran 

out of the way. Schaufenbuel put his car in reverse, punched the gas, and 

backed over Kelleher. Kelleher suffered a compound fracture of his right leg. 

Schaufenbuel was charged with willful injury causing serious injury, but

later entered an Alford plea to serious injury by vehicle.1 The offense of serious 

injury by vehicle does not require a finding of intent to injure. See Iowa Code 

§ 707.6A(4) (2005).

Kelleher filed a personal injury suit against Schaufenbuel. The two 

entered into a settlement whereby Schaufenbuel assigned to Kelleher all his 

rights against his insurer, American Standard Insurance Company of Wisconsin. 

American denied coverage to Schaufenbuel under the intentional acts exclusion 

 

1 See North Carolina v. Alford, 400 U.S. 25, 37 (1970) (holding “express admission of 

guilt . . . is not a constitutional requisite to the imposition of [a] criminal penalty”).
3

of the policy: “This coverage does not apply to: . . . (2) Bodily Injury or Property 

Damage caused by an intentional act of, or at the direction of an insured person 

even if the actual injury or damage is different than that which was expected or 

intended.”

Kelleher filed a declaratory judgment action requesting a finding that 

Schaufenbuel was covered under the American policy. At trial, Kelleher testified 

about the various altercations that had occurred between the two groups, but 

testified he was injured accidentally when Schaufenbuel was attempting to “get

away from a fight that was fixing to happen, so I think he was just trying to get 

away after he hit my car.“ Other evidence admitted at trial was Schaufenbuel’s 

September 8, 2008 deposition; an incident narrative authored by Deputy Sheriff 

Reed H. Palo; the insurance policy; and the May 19, 2006 deposition of Trevor 

Thein, who was at the scene. 

The district court entered an order of declaratory judgment, concluding:

Based on the evidence presented, it is clear that 

Schaufenbuel intended to strike Kelleher with his vehicle. While he 

may not have intended to cause the serious injuries that resulted, 

he intended to run him over. The parties were at the locker that 

evening to fight. Schaufenbuel had earlier trapped McCully with his

car and t-boned Kelleher’s car. He had chased Kelleher earlier and 

finally ran him over when he “punched the accelerator” and cranked 

the wheel towards him.

Because Schaufenbuel’s actions were clearly intentional, he 

has no coverage under the American Family Policy for any 

compensable damages he may owe Kelleher. As Kelleher stands 

in Schaufenbuel’s shoes, Kelleher has no right of recovery from 

American Family.
4

The district court’s findings are supported by substantial evidence.2 The 

court was not bound by the elements of the offense to which Schaufenbuel 

tendered an Alford plea. We therefore affirm without further opinion pursuant to 

Iowa Rule of Appellate Procedure 6.1203(a) and (d). 

AFFIRMED.

 

2 Kelleher argues that because no rulings on objections were made, this action was tried 

in equity and our review is de novo. See Iowa R. App. P. 6.907. But the action was for 

interpretation of coverage under an insurance contract for which the court entered an 

order, not a decree. These factors indicate the matter was considered as an action at 

law. See Van Sloun v. Agans Bros. Inc., 778 N.W.2d 174, 178-79 (Iowa 2010); Sutton v. 

Iowa Trenchless, L.C., 808 N.W.2d 744, 748 (Iowa Ct. App. 2011). In any event, our 

conclusion would be the same even if under de novo review.