Legal Opinion

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 v. Dakota Truck Underwriters, Risk Administrative Services, Inc.

Supreme Court of Iowa

Decided May 17, 2013No. 12–0126PublishedCited by 3 opinions

1Opinion of the Court

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 resolving the conflict of laws question, we reverse the judgment of the district court and remand for further proceedings.

I. Background Facts and Prior Proceedings.

Douglas Moad…

2Cases cited24 opinions

  1. Holeton v. Crouse Cartage Co.Ohio Supreme Court · 2001
  2. Cole v. State Automobile & Casualty UnderwritersSupreme Court of Iowa · 1980
  3. Veasley v. CRST International Inc.Supreme Court of Iowa · 1996
  4. Anderson v. Commerce Construction Services, Inc.Court of Appeals for the Tenth Circuit · 2008
  5. Oberson v. Federated Mutual InsuranceMontana Supreme Court · 2005

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3Cited by3 opinions

  1. Weitz Co. v. Lexington InsuranceDistrict Court, S.D. Iowa · 2013
  2. Sharon Moad, Individually and as Personal Representative of the Estate of Douglas Moad v. Richard Libby, as Personal Representative of the Estate of Matthew Libby, and Dakota Truck Underwriters, Intervenor-Appellee.Court of Appeals of Iowa · 2015
  3. Wood v. Paccar IncDistrict Court, N.D. Iowa · 2020

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