On June 10, 2022, the Iowa Supreme Court determined that Andy Hall and Ben Erickson’s client, Liberty Mutual, was not required to reimburse Plaintiff, another insurer, for workers’ compensation benefits totaling over $250,000.
The case arose after Plaintiff paid workers’ compensation benefits and later determined it was not the employer’s insurer on the date of the 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. Andy and Ben appealed the district court’s ruling and the Iowa Court of Appeals reversed. Plaintiff’s appealed to the Iowa Supreme Court.
Andy and Ben contended that Plaintiff was only entitled to reimbursement for benefit payments made after Plaintiff moved for the Iowa Code § 85.21 order and that order was entered, thereby putting Liberty Mutual on notice. The Iowa Supreme Court agreed with Andy and Ben, reversing the district court’s ruling.
American Home Insurance v. Liberty Mutual Fire Insurance Company, No. 20–0769 (Iowa June 10, 2022).