186 Iowa 963 | Iowa | 1919
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
“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-
“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
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.
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.
The foregoing indicates the nature and extent of the insurer’s liability, as fixed by the statute.
Turning next to the policy itself, to see whether the contract imposes anything more or greater than the statutory requirements, we find that, in Clause A, which is quoted above, the company has agreed with the Holland Inn “to
In Clause B, the policy indemnifies the assured against “loss or expense by reason of accident resulting in bodily injury * * * of an employee,” and provides that “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. The other clause of the policy quoted' by the plaintiff is, in effect, a recognition of the insurer’s liability under Code Supplement, 1913, Section 2477-m47, already cited.
“An attorney has a lien for * * * compensation upon: * * *
3. Money due his client in the hands of the adverse party, or attorney of such party, in an action or proceeding in which the attorney clowning th,e lien was employed, from the time of giving notice in writing to such adverse party, or attorney of such party, if the money is in the possession or under the control of such -attorney, which notice shall state the amount claimed, and, in general terms, for what services.” Code Section 321.
It will be remembered that, according to the agreed statement of facts, at the date of the settlement with Owens no proceeding or action had been begun by Owens or by plaintiff in his behalf, and, under the provisions of this statute, plaintiff had not then acquired any lien; and, the money having been then paid, he could not thereafter acquire one.
We find in the record no ground upon which to disturb the ruling of the trial court.
The judgment appealed from is — Affirmed.