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Justices Rule Pain and Suffering Award Off Limits, Too

Tuesday, August 7, 2007 | 0

Pain and suffering is separate from other recoverable benefits in workers' compensation subrogation, the Iowa Supreme Court held. The carrier, Cincinnati Insurance Co., asked the justices for a ruling that could have meant a larger reimbursement from a third-party injury award. The genesis for the dispute was a workers' compensation claim, however, the dispute was over a commercial automobile policy that supplemented an errant driver's own coverage. "The bottom line is that Cincinnati asks us to alter its reduction-of-benefits provision related to underinsured motorist claims to make i...

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