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CINCINNATI INS. CO. v. KONICEK

No. 92-466.

503 N.W.2d 420 (1993)

Gary Konicek and Judy Konicek, Individually, and Jeremy and Kassandra Konicek by Gary Konicek, Their Father and Next Friend, Plaintiffs, v. Loomis Brothers, Inc., Defendant. CINCINNATI INSURANCE COMPANY, Workers' Compensation Insurance Carrier, Intervenor-Appellant, v. Gary KONICEK, Appellee.

Supreme Court of Iowa.

July 21, 1993.

Attorney(s) appearing for the Case

J. Richard Johnson of White & Johnson, P.C., Cedar Rapids, for intervenor-appellant.

William H. Carmichael of Blades & Carmichael, Cedar Rapids, for appellee.

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

LARSON, Justice.

Cincinnati Insurance Company, the workers' compensation insurance carrier for Gary Konicek's employer, has appealed and Konicek has cross-appealed from a judgment of the district court allowing indemnity to Cincinnati, under Iowa Code section 85.22(1) (1989), from the proceeds of Konicek's suit against a third-party tortfeasor. We modify the judgment and affirm.

Gary Konicek, a worker who was seriously injured in a fall through an open skylight...

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