MOAD v. DAKOTA TRUCK UNDERWRITERS

No. 12-0126.

831 N.W.2d 111 (2013)

Sharon MOAD, Individually and as Personal Representative of the Estate Of Douglas Moad, and as Personal Representative on behalf of Travis Moad and Heather Johnson, Appellee, v. DAKOTA TRUCK UNDERWRITERS, Risk Administrative Services, Inc., Appellants.

Supreme Court of Iowa.

May 17, 2013.


Attorney(s) appearing for the Case

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

Martin A. Diaz and Elizabeth J. Craig of Martin Diaz Law Firm, Iowa City, for appellee.


APPEL, Justice.

The question in this case is whether the law of Iowa or South Dakota should apply to determine whether a South Dakota workers' compensation carrier is entitled to subrogation for payments made to its insured by underinsured and uninsured insurance carriers arising out of a settlement resulting from third-party litigation in Iowa. Because we determine that the district court utilized the wrong standard in...

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