EMPLOYERS MUTUAL CASUALTY COMPANY v. HANSHAW

No. 59.

176 N.W.2d 653 (1970)

EMPLOYERS MUTUAL CASUALTY COMPANY, Appellant, v. Kenneth HANSHAW, Appellee.

Supreme Court of Iowa.

April 7, 1970.


Attorney(s) appearing for the Case

John D. Randall, and John R. Hughes, Cedar Rapids, for appellant.

Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for appellee.


RAWLINGS, Justice.

Plaintiff insurer reimbursed its insured for damages sustained as the result of a motor vehicle collision, and as subrogee brought action at law for recovery from alleged third party tort-feasor. Defendant alleged plaintiff's right of action is barred under the compulsory counterclaim rule. On adjudication of law points, trial court held adverse to plaintiff. Subsequently defendant's motion to dismiss was sustained and plaintiff appeals. We affirm...

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