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FIRSTAR BANK v. HAWKEYE PAVING

No. 95-1024.

558 N.W.2d 423 (1997)

FIRSTAR BANK OF BURLINGTON, IOWA, as Conservator of Shawna Lisa Andries and Gregory Daniel Andries, Minors, and Burlington Bank & Trust Company, Burlington, Iowa, as Conservator of Sylvia Marie Borrego, Minor, Appellants, v. HAWKEYE PAVING CORP. and Fireman's Fund Insurance Co., Appellees.

Supreme Court of Iowa.

January 22, 1997.

Attorney(s) appearing for the Case

Steven E. Ort of Bell, Hansen & Ort, P.C., New London, for appellants.

Craig A. Levine and Vicki L. Seeck of Betty, Neuman & McMahon, Davenport, for appellees.

Considered by LARSON, P.J., and CARTER, LAVORATO, SNELL, and TERNUS, JJ.

TERNUS, Justice.

The children of a deceased worker claim a workers' compensation carrier lost its lien on the children's recovery from the third party responsible for their father's death because the insurer did not file a notice of its lien pursuant to Iowa Code section 85.22(1) (1989). The district court ruled after a bench trial that the insurer's omission was excused because the children had not served the insurer with a copy of the original notice of its suit...

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