In the event of payment to any person under the coverage required by this chapter and
subject to the terms and conditions of such coverage, the insurer making such payment
shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment
resulting from the exercise of any rights of recovery of such person against any person
or organization legally responsible for the bodily injury for which such payment is made,
including the proceeds recoverable from the assets of the insolvent insurer. The person
to whom said payment is made under the insolvency protection required by this chapter
shall to the extent thereof, be deemed to have waived any right to proceed to enforce such
a judgment against the assets of the judgment debtor who was insured by the insolvent
insurer whose insolvency resulted in said payment being made, other than assets recovered
or recoverable by such judgment debtor from such insolvent insurer.
[C71, 73, 75, 77, 79, 81, §516A.4]
\n
Notes of Decisions
Kapadia v. Preferred Risk Mut. Ins. Co., 418 N.W.2d 848 (Iowa 1988).
· cites it 10× “The district court concluded this provision was an enforceable method by which Preferred Risk could protect subrogation rights which the court found were “con-ceivabl[y]” granted an insurer by Iowa Code section 516A.4 (1981). In addition, the district court concluded the…”
Davenport v. Aid Ins. Co.(Mut.), 334 N.W.2d 711 (Iowa 1983).
· cites it 12× “The focus of the litigation initially is on section 516A.4, which governs reimbursement of an insurer which makes payment under the terms of section 516A.”
Greenfield v. Cincinnati Ins. Co., 737 N.W.2d 112 (Iowa 2007).
· cites it 4× “Further, the statutory issue in the case was whether Iowa Code section 516A.4, which limits an underinsured carrier’s right of reimbursement to persons or or *121 ganizations “legally responsible for the bodily injury,” prevented any offset for workers’ compensation benefits…”
Brandon v. West Bend Mut. Ins. Co., 681 N.W.2d 633 (Iowa 2004).
· cites it 8× “Iowa Code § 516A.4 (2001). The right of reimbursement is limited by the goal of underinsurance, which is to fully compensate the insured for his or her damages.”
Am. States Ins. Co. v. Est. of Tollari, 362 N.W.2d 519 (Iowa 1985).
· cites it 4× “Iowa Code § 516A.4. We recently addressed the subject of duplication of insurance benefits under Iowa Code chapter 516A in Davenport v.”
Ludwig v. Farm Bureau Mut. Ins. Co., 393 N.W.2d 143 (Iowa 1986).
· cites it 2× “2d 711, 713-15 (Iowa 1983) (requirement that insured first be made whole modified by Uninsured Motorist Act, Iowa Code section 516A.4). Some states, not including Iowa, restrict subrogation of medical payments by statute.”
Hale v. Classified Ins. Co., Inc., 535 N.W.2d 164 (Iowa Ct. App. 1995).
· cites it 6× “Continental contended Iowa Code section 516A.4 (1991) authorized and guaranteed a right of reimbursement, and further argued Kapadia supported this position.”
Cont'l W. Ins. Co. v. Krebill, 492 N.W.2d 405 (Iowa 1992).
· cites it 4× “It reads in pertinent part as follows: In the event of payment to any person under the coverage required by this chapter and subject to the terms and conditions of such coverage, the insurer making such payment shall, to the extent thereof, be entitled to the proceeds of any…”
Elliott v. Farm Bureau Mut. Ins. Co., 494 N.W.2d 731 (Iowa Ct. App. 1992).
· cites it 12× “4 provides, in relevant part, as follows: In the event of payment to any person under the coverage required by this chapter and subject to the terms and conditions of such coverage, the insurer making such payment shall, to the extent thereof, be entitled to the proceeds of any…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.