MARCH v. PEKIN INS. CO.

No. 90-95.

465 N.W.2d 852 (1991)

Ronald James MARCH and Phyllis March, Appellees, v. PEKIN INSURANCE COMPANY, Defendant, United States Fidelity & Guaranty Company, Intervenor-Appellant.

Supreme Court of Iowa.

February 20, 1991.


Attorney(s) appearing for the Case

David R. Mason and Mark W. Fransdal of Redfern, Mason, Dieter, Larsen & Moore, Cedar Falls, for appellant.

Thomas L. Staack of Mosier, Thomas, Beatty, Dutton, Braun & Staack, Waterloo, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, SNELL, and ANDREASEN, JJ.


NEUMAN, Justice.

This appeal stems from the plaintiffs' successful motion to set aside a workers' compensation subrogation lien. The question is whether Iowa Code section 85.22 (1989) gives a workers' compensation insurer the right of subrogation against proceeds derived from an employee's policy of underinsured motorist benefits. The district court held that no such right of subrogation is authorized under the statute. We affirm.

The facts are largely undisputed...

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