On July 21, 2021, the Iowa Court of Appeals determined that Andrew Hall and Benjamin Erickson’s client, Liberty Mutual, was not required to reimburse Plaintiff, another insurer, for workers’ compensation benefits totaling over $250,000.
The case arises after Plaintiff paid workers’ compensation benefits and later determined it was not the employer’s insurer on the date of injury after all. Plaintiff belatedly sought an Iowa Code § 85.21 order seeking reimbursement of the benefits it had paid. The Polk County District Court determined that Liberty Mutual was required to reimburse Plaintiff for those paid benefits.
Andrew and Benjamin appealed the district court’s ruling, contending that Plaintiff was only entitled to reimbursement for benefit payments made after Plaintiff moved for the Iowa Code § 85.21 order and such an order was entered, thus putting Liberty Mutual on notice. The Iowa Court of Appeals agreed with Andrew and Benjamin and reversed the district court’s ruling.
Am. Home Assurance v. Liberty Mut. Fire Ins. Co., No. 20-0769 (Iowa Ct. App. July 21, 2021)