Moad v. Dakota Truck Underwriters

Moad v. Dakota Truck Underwriters, --- N.W.2d ----, 2013 WL 2127571, Iowa, May 17, 2013 (NO. 12-0126)

The Iowa Supreme Court adopted § 185 of the Restatement (Second) of Conflicts of Law to determine whether the law of Iowa or South Dakota should apply to determine whether a South Dakota worker’s 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. OPINION HOLDS: The local law of the state, here South Dakota, under whose workmen’s compensation statute an employee has received an award for an injury determines what interest the person who paid the award has in any recovery for tort or wrongful death that he employee may obtain against a third person on account of the same injury. Remanded.