Kratz v. Holland Inn

186 Iowa 963
CourtSupreme Court of Iowa
DecidedJuly 7, 1919
StatusPublished
Cited by2 cases

This text of 186 Iowa 963 (Kratz v. Holland Inn) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kratz v. Holland Inn, 186 Iowa 963 (iowa 1919).

Opinion

Weaver, J.

One Owens ivas in the employment of the defendant The Holland Inn, and by their consent, the parties were subject to the provisions of the Workmen’s Compensation Statute. Owens, it is alleged, was injured in the course of his employment, and consulted the plaintiff here[965]*965in, a practicing lawyer, with respect to the recovery of compensation for his injury. Thereupon, plaintiff and Owens entered into a written contract, dated September 29, 1916, by which plaintiff was employed to take all necessary steps to collect claim, and, if settlement could not be obtained without suit, he was to institute proper legal proceedings therefor, and to have one half of any and all moneys so collected as payment for his services. On the same day, this agreement was presented to the judge of the supeiior court of Cedar Rapids, who endorsed his approval thereon, and written notice of plaintiff’s claim for a lien was by him served on The Holland Inn, but no notice was served on the Iowa Mutual Liability Company, which company had insured the Holland Inn against liability to its employees. That portion of the policy issued by said insurer which plaintiff deems material to his action in this case reads as follows:,

“In consideration of the premium herein provided and the agreements hereinafter set forth, the Iowa Mutual Liability Insurance Company of Cedar Rapids, Iowa (called the Company), hereby insures and agrees to indemnify the assured employer described in the representations hereof.

“(A) The company hereby agrees to assume, perform, and pay each and every obligation that the Iowa Workmen’s Law of 1913, designated as Chapter 147, Acts of the Thirty-fifth General Assembly of Iowa, and amendments thereto, requires the herein named assured to do and perform on account of personal injuries, including death resulting at any time therefrom, sustained while this policy is in force, by any employee or employees of the assured in the course of and arising out of his or their employment by the assured in the operation of and in connection with the business herein stated.

“(B) The company hereby agrees to indemnify the assured against loss or expense by reason of accident re-[966]*966suiting in bodily injury or in death of an employee who, prior to such accident, had elected, as provided by said act, not to be subject thereto and all acts amendatory thereto, in an amount not to exceed five thousand ($5,000.00) dollars, and the necessary first aid for medical or surgical attention, and subject to the same limitation for each employee, the company’s total liability for any one accident resulting in bodily injury, or in the death of more than one such employee, is limited to ten thousand ($10,000.00) dollars, and in addition to such limitations, the company will assume and have charge of all settlements and pay all costs and expenses in the trial and defense of legal proceedings against the assured, brought by such employees, their legal representatives or assigns. * * *

“11. An employee, or the dependents of a deceased employee, who shall be entitled under this policy to compensation under the said act, shall have a first lien upon any amount due the assured by the company under the terms of this policy, and if the assured shall become insolvent, or be discharged in bankruptcy during the period that this policy is in-force, or the compensation, or any part of it, owing on account of the business operations covered by this policy, is due and unpaid, or in the event of the legal incapacity, inability, or disability of the assured to receive the amount so due, and pay it over to the said employee or his dependents, the company will pay the same directly to said employee, his agents, or to a trustee for him or his dependents, to the extent of discharging any obligation of the assured to said employee or his dependents. As between the assured and the company, notice to and knowledge on the part of the assured of the occurrence of an injury, or death on account of which compensation is payable under this policy, shall be deemed notice to and knowledge on- the part of the company; and the jurisdiction of the assured for the purposes of this act shall be the jurisdiction of the company, and [967]*967the company will be bound by every agreement, adjudgment, award, or judgment rendered against the assured under the provisions of said act on account of the business operations covered by this policy.”

On October 11, 1916, Owens, without the intervention or knowledge of the plaintiff, entered into an agreement with the Liability Company for a settlement of his claim against the Holland Inn for $30, which sum was then and there paid to him. This settlement was reported to the industrial commissioner of the state, and by him approved, and the same was thereupon confirmed by a decree of the district court of Linn County.

At the date of this settlement, neither Owens nor the plaintiff, in his behalf, had begun any action or proceedings of any kind for the assessment or recovery of compensation or damages on account of said injury; but after said settlement, and after the approval by the commissioner of the settlement with Owens, plaintiff, as attorney for Owens, made application to the commissioner to re-open and review the settlement, and for additional compensation, which application was overruled.

It is agreed, also, that plaintiff has not been paid for his services in Owen’s behalf, and that such services were reasonably worth $15.

1. Appeal and error : decisions reviewable : writ of error. The present action was begun before a justice of the peace, against the Holland Inn and its insurer. The plaintiff’s petition sets out the facts hereinbefore stated, and therein asks for judgment against both defendants for $15. On the Mai, the facts were stipulated by the parties substantially as we have related them, and the justice entered judgment, as prayed by the plaintiff, against the defendant Holland Inn, but found he was not entitled to recover from the liability company. To review this latter finding, and the judgment relieving the insurer [968]*968from liability, the plaintiff applied to the superior court of Cedar Rapids for a writ of error, and upon examination of the record, the writ was denied, and judgment entered against plaintiff for costs. From this ruling and judgment, the plaintiff appeals.

This appeal, being from a ruling upon a writ of error, brings up for review no question or issue of fact. We have, only to inquire whether, assuming the truth of the agreed or stipulated facts, there was material error in the ruling of the trial court that such showing is insufficient to justify a judgment against the liability company in plaintiff’s favor.

2. master and SERVANT: workmen’s Compensation Act: insurty of insurer.

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Bluebook (online)
186 Iowa 963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kratz-v-holland-inn-iowa-1919.