Legal Opinion

Samuel De Dios v. Indemnity Insurance Company of North America and Broadspire Services, Inc.

Supreme Court of Iowa

Decided May 10, 2019No. 18-1227PublishedCited by 7 opinions

1Opinion of the Court

MANSFIELD, Justice.

A worker was injured on the job when his vehicle was rear-ended. He filed a claim for benefits with the workers compensation commissioner. Later, he filed a bad-faith action in the district court against his employer's workers' compensation carrier and its third-party administrator. The action was removed to federal court.

The federal district court has asked us to answer the following certified question of Iowa law: "In what circumstances, if any, can an injured employee hold a third-party claims administrator liable for the tort of bad faith for failure to pay workers'…

2Cases cited33 opinions

  1. Natividad v. Alexsis, Inc.Texas Supreme Court · 1994
  2. Anderson v. Continental InsuranceWisconsin Supreme Court · 1978
  3. Gibson v. ITT Hartford Ins. Co.Supreme Court of Iowa · 2001
  4. Robert Lodholtz v. York Risk Services Group, IncoCourt of Appeals for the Seventh Circuit · 2015
  5. Wathor v. Mutual Assurance Administrators, Inc.Supreme Court of Oklahoma · 2004

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3Cited by7 opinions

  1. Janet G. Peterson v. Meritain Health, Inc.Wyoming Supreme Court · 2022
  2. ABCM Corporation v. West Bend Mutual Insurance CompanyDistrict Court, N.D. Iowa · 2020
  3. Garcia v. Farm Family Ins. Co.Vermont Superior Court · 2019
  4. Halliday v. Great Lakes Insurance SEDistrict Court, Virgin Islands · 2019
  5. Hertz Corporation v. Stanislav Babayev and Oleg ChikovSupreme Court of Colorado · 2026

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