March v. Pekin Insurance Co.

NEUMAN, Justice.

This appeal stems from the plaintiffs’ successful motion to set aside a workers’ compensation subrogation lien. The question is whether Iowa Code section 85.22 (1989) gives a workers’ compensation insurer the right of subrogation against proceeds derived from an employee’s policy of underinsured motorist benefits. The district court held that no such right of subro-gation is authorized under the statute. We affirm.

The facts are largely undisputed. Plaintiff Ronald March was seriously injured when his truck was rear-ended by an automobile driven by Laura Soppe. At the time of…