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ALLEN v. ALLEN WATER & WASTEWATER

No. 94-1376.

549 N.W.2d 516 (1996)

Sandra Kay ALLEN, Individually and as Executor of the Estate of Thomas F. Allen, Appellant, v. ALLEN WATER AND WASTEWATER ENGINEERING, INC., and Kemper Insurance Company, Appellees.

Supreme Court of Iowa.

June 19, 1996.

Attorney(s) appearing for the Case

Roger W. Stone of Simmons, Perrine, Albright & Ellwood, P.L.C., Cedar Rapids, for appellant.

Craig A. Levien and Jean Dickson Feeney of Betty, Neuman & McMahon, L.L.P., Davenport, for appellees.

Considered by McGIVERIN, C.J., and LAVORATO, SNELL, ANDREASEN, and TERNUS, JJ.

McGIVERIN, Chief Justice.

The issue before us on further review is whether the district court or the industrial commissioner must decide an issue involving an indemnification amount in this workers' compensation case. The district court and court of appeals concluded the amount of indemnity to which the insurer was entitled is a question of fact and, therefore, the case must be remanded to the industrial commissioner for resolution. We affirm.

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