WATERHOUSE v. IOWA DIST. COURT FOR LINN CTY.

No. 97-1676.

593 N.W.2d 141 (1999)

Kathleen WATERHOUSE, Surviving Spouse of Creg R. Waterhouse, Plaintiff, v. IOWA DISTRICT COURT FOR LINN COUNTY, Defendant.

Supreme Court of Iowa.

Rehearing Denied May 25, 1999.


Attorney(s) appearing for the Case

Richard A. Pundt of Pundt Law Offices, Cedar Rapids, Jon M. Kinnamon of Kinnamon, Kinnamon, Russo & Meyer, Cedar Rapids and Leslie E. Stokke, Cedar Rapids, for plaintiff.

J. Richard Johnson and Ann M. Cisco of White & Johnson, P.C., Cedar Rapids until withdrawal and then Chris J. Scheldrup and Cynthia Scherrman Sueppel of Moyer & Bergman, Cedar Rapids, for defendant.

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


HARRIS, Justice.

The question is whether a workers' compensation insurer lost its statutory right to seek indemnity during prior litigation and an appeal which addressed only whether there was any workers' compensation coverage. The district court held the right to indemnity was not lost and we agree.

The underlying facts involved in the prior litigation were detailed in Waterhouse Water Conditioning, Inc. v. Waterhouse, 561 N.W.2d...

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