1. Every employer subject to the provisions of chapter 10A, subchapter III, this chapter,
and chapters 85, 85A, and 85B, unless relieved as hereinafter provided from the requirements
imposed under chapter 10A, subchapter III, this chapter, and chapters 85, 85A, and 85B,
shall insure the employer’s liability under chapter 10A, subchapter III, this chapter, and
chapters 85, 85A, and 85B, in some corporation, association, or organization approved by
the commissioner of insurance.
2. A motor carrier who contracts with an owner-operator who is acting as an independent
contractor pursuant to section 85.61, subsection 12, paragraph “c”, shall not be required
to insure the motor carrier’s liability for the owner-operator. A motor carrier may procure
compensation liability insurance coverage for these owner-operators, and may charge
the owner-operator for the costs of the premiums. A motor carrier shall require the
owner-operator to provide and maintain a certificate of workers’ compensation insurance
covering the owner-operator’s employees. An owner-operator shall remain responsible for
providing compensation liability insurance for the owner-operator’s employees.
3. Every such employer shall exhibit, on demand of the workers’ compensation
commissioner, evidence of the employer’s compliance with this section; and if such employer
refuses, or neglects to comply with this section, the employer shall be liable in case of injury
to any worker in the employer’s employ under the common law as modified by statute.
[S13, §2477-m41; C24, 27, 31, 35, 39, §1467; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§87.1]
91 Acts, ch 209, §2; 94 Acts, ch 1066, §1; 98 Acts, ch 1061, §11; 2007 Acts, ch 22, §22; 2008
Acts, ch 1031, §27, 100; 2023 Acts, ch 19, §1753
Referred to in §87.4
\n
Notes of Decisions
Cited in
21
cases (
2 in the last 5 years), 1947–2026 · leading case:
Stroup v. Reno, 530 N.W.2d 441 (Iowa 1995).
Stroup v. Reno, 530 N.W.2d 441 (Iowa 1995).
· cites it 8× “See Iowa Code § 87.1 (requiring most employers to carry workers' compensation liability insurance).”
In Re the Rath Packing Co., 35 B.R. 615 (Bankr. D. Iowa 1983).
· cites it 6× “Statement of Facts Stated briefly, Iowa Code § 87.1 (1983) requires applicable employers to carry workers’ compensation insurance.”
Bashford v. Slater, 108 N.W.2d 474 (Iowa 1961).
· cites it 16× “Plaintiff then amended his petition by alleging that the Association did not insure its liability under Section 87.1, Code of Iowa, I.C.A., and did not have more than five persons engaged in hazardous employment within purview of Sections 87.”
Travelers Indem. Co. v. Comm'r of Ins. of the State, 767 N.W.2d 646 (Iowa 2009).
· cites it 6× “See Iowa Code § 87.1 (2005). When an employer is “in good faith entitled to” obtain workers’ compensation insurance, but is “unable to procure such insurance through ordinary methods” (i.”
Bremer v. Wallace, 728 N.W.2d 803 (Iowa 2007).
· cites it 4× “1 See generally Iowa Code §§ 87.1 , .4, .11 (2001). Because Wallace was uninsured, Bremer had the option of suing Wallace in “an action at law for damages” or collecting workers’ compensation benefits.”
McKeever Custom Cabinets v. Smith, 379 N.W.2d 368 (Iowa 1985).
· cites it 2× “) The significant provision in the insurance statute is section 87.1 which states so far as relevant: “Every employer subject to the provisions of this and [chapter] 85 .”
Fabricius v. Montgomery Elevator Co., 121 N.W.2d 361 (Iowa 1963).
· cites it 2× “In the process of securing payment the legislature has provided every employer shall be insured, section 87.1, unless relieved as provided in section 87.”
Suckow v. Neowa Fs, Inc., 445 N.W.2d 776 (Iowa 1989).
· cites it 2× “See Iowa Code § 87.1 (1985). Co-employees have none of these burdens; their only risk is potential liability for acts of gross negligence.”
Casey v. Hansen, 26 N.W.2d 50 (Iowa 1947).
· cites it 4× “Defendant employer, Harry Hansen, had not insured his liability as provided by section 87.1 (references are to Code of 1946), nor had he been relieved from so doing pursuant to section 87.”
— Iowa Code § 87.1(2) — 1 case
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.