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COMMERCIAL UNION INS. CO. v. FARMERS MUT. FIRE INS. CO.

No. 33677.

457 S.W.2d 224 (1970)

COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, Plaintiff-Appellant, v. The FARMERS MUTUAL FIRE INSURANCE COMPANY OF ST. LOUIS COUNTY, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

July 28, 1970.

Attorney(s) appearing for the Case

Adolph K. Schwartz, St. Louis, for plaintiff-appellant.

Brackman, Copeland, Oetting, Copeland, Walther & Schmidt, Paul Brackman, Clayton, for defendant-respondent.

WEIER, Commissioner.

May one insurer, who paid a larger proportion of its coverage on a fire policy with a pro rata clause than it would have had to, recover by contribution from another insurer who also had a fire policy with a pro rata clause covering the same risk and the same insured, and who had no knowledge of the loss or payment until just before the demand for contribution? This is the issue presented by a unique set of facts which in the lower court produced...

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