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GARDNER v. HARTFORD INS. ACC. & INDEMN. CO.

No. 01-1740.

659 N.W.2d 198 (2003)

Elois Anne GARDNER, Appellant, v. HARTFORD INSURANCE ACCIDENT & INDEMNITY CO.; Hartford Casualty Insurance Co.; Hartford Insurance Company of the Midwest; Hartford Fire Insurance Co.; and Hartford Life & Auto Accident Co. d/b/a ITT Hartford Insurance Group, Appellees.

Supreme Court of Iowa.

Rehearing Denied April 18, 2003.

Attorney(s) appearing for the Case

Richard G. Book of Huber, Book, Cortese, Happe & Brown, P.L.C., Des Moines, for appellant.

Frank A. Comito, Patrick J. Hopkins and Kent A. Gummert of Gaudineer, Comito & George, L.L.P., Des Moines, for appellees.

STREIT, Justice.

Elois Gardner seeks to bring a tort action for bad faith denial of benefits against her employer's workers' compensation insurer, Hartford Insurance Accident & Indemnity Company. Hartford argues Gardner's tort suit is barred by the earlier workers' compensation contested case settlement Gardner agreed to under Iowa Code chapter 85. Hartford also asserts Gardner failed to exhaust her administrative remedies. The district court agreed issue preclusion...

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