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Ludwig- P
Insured by Farm-D
She and 2 other people are traveling in Kansas and hit by a truck
Sued truck company
Farm gave notice of subrogation rights to the truck company
Received 45k settlement
13223.26 is subrogated for the 3 victims remaining balance
distributed to 3 plaintiffs
truck insurance pays subrogation directly to farm bureau
Ludwig files suit
Claim is that insurance company under its medical protection clause shall be
made whole when the insured receives medical payments from a 3rd party
judgment.
Farm argues when a settlement is made without the subrogee, the insured is
presumed to be made whole.
Trial court instead analyzed whether Ludwig had been fully compensated for
medical expenses, lost wages, and damages.
Holding
Iowa Supreme Court:
An insured need not be paid in full for pain and suffering and disability before
subrogation for medical expenses is allowed.
Ludwig was to receive 20k for her other damages