Legal Opinion

American Mutual Liability Insurance v. State Automobile Insurance Ass'n

Supreme Court of Iowa

Decided September 20, 1955No. 48655PublishedCited by 18 opinions

1Opinion of the CourtGarfield, J.

Plaintiff, insurer under the Workmen’s Compensation law (chapters 85, 86, Codes, 1950, 1954) of Michael-Leonard Co., brought this law action under Code section 85.22 as subrogee of P. II. Underwood, employee of Michael-Leonard, to recover from third parties for personal injuries to him. The petition was dismissed on defendants’ motion. From judgment of dismissal plaintiff has appealed.

The appeal involves the construction of Code section 85.22, especially subsection 5 thereof, chapter 64, Acts of Fifty-second General Assembly (1947). We have never before considered the meaning of subsection 5.…

2Cases cited15 opinions

  1. Dickinson v. PorterSupreme Court of Iowa · 1948
  2. Traders & General Ins. Co. v. West Texas Utilities Co.Texas Commission of Appeals · 1942
  3. Doyle v. KahlSupreme Court of Iowa · 1951
  4. Stickleman v. SynhorstSupreme Court of Iowa · 1952
  5. Martin Bros. Box Co. v. FritzSupreme Court of Iowa · 1940

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3Cited by18 opinions

  1. Fabricius v. Montgomery Elevator CompanySupreme Court of Iowa · 1963
  2. Markman v. HoeferSupreme Court of Iowa · 1960
  3. Thompson v. Burke Engineering Sales Co.Supreme Court of Iowa · 1960
  4. Board of Directors of the Lone Tree Community School District v. County Board of EducationSupreme Court of Iowa · 1968
  5. Rick v. BoegelSupreme Court of Iowa · 1973

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