Supreme Court of Iowa February 25, 2004, 02-1996 (Allied Mutual Insurance Co. v. Heiken)

CARTER, Justice

(dissenting).

I dissent.

Although Farm Bureau Mutual Insurance Co. v. Allied Mutual Insurance Co., 580 N.W.2d 788 (Iowa 1998), is not strictly in conflict with the majority’s holding because the right of the subrogated insurer to sue the tortfeasor was not an issue in that case, the conclusions upon which that *831decision was based and the conclusions in Kmpf'l v.