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LIBERTY MUT. INS. CO. v. WINTER

No. 84-1676.

385 N.W.2d 529 (1986)

LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. Roger C. WINTER and Bernice Winter, Appellees.

Supreme Court of Iowa.

Rehearing Denied June 16, 1986.

Attorney(s) appearing for the Case

Larry J. Cohrt, of Swisher & Cohrt, Waterloo, for appellant.

Dennis G. Larson, Decorah, for appellees.

Considered by REYNOLDSON, C.J., and HARRIS, McGIVERIN, SCHULTZ and WOLLE, JJ.

WOLLE, Justice.

In April of 1974 plaintiff Roger Winter sustained a work-related injury in a fall on premises controlled by J.I. Case Company (Case). Winter was paid workers' compensation benefits of $20,323.29 by his employer's insurer, Liberty Mutual Insurance Company (Liberty). Winter and his wife subsequently received $30,000 from Case's insurer in settlement of their negligence lawsuit against Case. Liberty brought this action against the Winters pursuant to...

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