LOVEWELL v. LOVEWELL

No. 53160.

164 N.W.2d 75 (1969)

Gail James LOVEWELL, Claimant-Appellee, v. Nelda Ann Elizabeth LOVEWELL, d/b/a Jim's 67 Filling Station, Employer, and United States Fidelity and Guaranty Co. of Baltimore, Maryland, Insurance Carrier-Appellant.

Supreme Court of Iowa.

Rehearing Denied March 10, 1969.


Attorney(s) appearing for the Case

Lumbach, Christiansen, Stevenson & Goebel, Davenport, for insurance carrier-appellant.

A. Fred Berger, Davenport, for claimant-appellee.


STUART, Justice.

The husband filed a claim for workmen's compensation against his wife and her insurance carrier. The deputy industrial commissioner as sole arbitrator, the commissioner upon review and the district court upon appeal held for claimant. We reverse.

The only issue necessary to our decision is whether, assuming claimant was an employee of his wife, he was excluded from workmen's compensation coverage under that portion of section 85.61(3) Code...

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