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ALLIED MUT. INS. CO. v. HEIKEN

No. 02-1996.

675 N.W.2d 820 (2004)

ALLIED MUTUAL INSURANCE COMPANY, Appellant, v. Richard HEIKEN and Kathleen Heiken, Appellees.

Supreme Court of Iowa.

February 25, 2004.

Attorney(s) appearing for the Case

Zorica Ilic of Sporer & Ilic, P.C., Des Moines, for appellant.

Roger T. Stetson, Edward M. Mansfield, and Margaret C. Callahan of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, for appellees.

CADY, Justice.

This appeal requires us to consider the breach of contract remedies available to a subrogated insurer after the indemnified insured enters into a settlement with and release of the responsible tortfeasor in an action by the insured against the tortfeasor for damages. The district court granted summary judgment for the insured in the insurer's action against the insured for breach of the subrogation provisions of the insurance contract and for breach...

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