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CINCINNATI INS. COMPANIES v. KIRK

No. 10-0460.

801 N.W.2d 856 (2011)

The CINCINNATI INSURANCE COMPANIES, Plaintiff-Appellant, v. Forrest L. KIRK, Defendant-Appellee.

Court of Appeals of Iowa.

May 25, 2011.

Attorney(s) appearing for the Case

Amy R. Teas of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellant.

Sasha L. Monthei of Scheldrup, Blades, Schrock, Smith, & Aranza, P.C., Cedar Rapids, for appellee.

Heard by SACKETT, C.J., and DOYLE and DANILSON, JJ.

SACKETT, C.J.

Plaintiff, The Cincinnati Insurance Companies, appeals the district court's dismissal of its lawsuit based on a lack of subject matter jurisdiction. Cincinnati claims the district court has authority to hear its claims against defendant, Forrest L. Kirk, for fraudulent misrepresentation, unjust enrichment, money had and received, and restitution because these claims are outside the jurisdiction of the Iowa Workers' Compensation Commissioner. We reverse...

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