Waterhouse v. Iowa District Court for Linn County

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 55 (Iowa 1997). Creg Waterhouse was fatally injured when he was struck by an automobile while riding his bicycle from his home to his employer’s office. His widow,…