Court of Appeals Concludes that District Court Has Jurisdiction to Hear Claims for Fraud and Unjust Enrichment Against Claimant
In The Cincinnati Insurance Companies v. Kirk , No. 0-950 (Iowa App. May 25, 2011), the Court of Appeals concluded that the district court had jurisdiction to hear claims made against the claimant for unjust enrichment and fraud after claimant allegedly fraudulently received medical and indemnity benefits from the workers' compensation carrier. The facts of the case are unusual, and the decision of the Court of Appeals should be seen in that light. Claimant suffered an injury to his left arm, and was provided with medical treatment and indemnity benefits. The insurance carrier decided to conduct surveillance when the healing process did not go as smoothly as expected. That surveillance allegedly revealed that claimant, prior to an appointment with his workers' compensation physician, was seen striking his injured left arm repeatedly while sitting in his car. Following this surveillance, the carrier filed claims for fraudulent representation, unjust enrichment, ...