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PRINCIPAL CAS. INS. CO. v. NORWOOD

No. 89-1465.

463 N.W.2d 66 (1990)

PRINCIPAL CASUALTY INSURANCE COMPANY, Appellee, v. Neil and Denise NORWOOD, Appellants.

Supreme Court of Iowa.

November 21, 1990.

Attorney(s) appearing for the Case

Donald G. Beattie of Skinner, Beattie & Wilson, P.C., Altoona, for appellants.

Joseph S. Cortese, II and Joseph A. Happe of Jones, Hoffmann & Huber, Des Moines, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, NEUMAN, and SNELL, JJ.

NEUMAN, Justice.

This appeal involves cross-motions for summary judgment in an action to declare the rights of parties competing for subrogation proceeds. The question is whether Iowa Code chapter 668 (1989) authorizes an insured to retain a reasonable attorney fee out of subrogation proceeds claimed by an insurer when the recovery stems from settlement with, rather than verdict or judgment against, a third-party tortfeasor. We conclude that section 668.5 authorizes...

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