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COMMERCIAL U. ASSUR. v. WESTERN FARM BUR. INS.

No. 12431.

601 P.2d 1203 (1979)

93 N.M. 507

COMMERCIAL UNION ASSURANCE COMPANIES, a corporation, Plaintiff-Appellee, v. WESTERN FARM BUREAU INSURANCE COMPANIES, a corporation, Defendant-Appellant.

Supreme Court of New Mexico.

November 1, 1979.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, Ruth M. Schifani, Albuquerque, for defendant-appellant.

Montgomery, Andrews & Hannahs, Frank Andrews, Jeffrey R. Brannen, Santa Fe, for plaintiff-appellee.

OPINION

SOSA, Chief Justice.

The issue we decide in this case is whether the language "pro rata share" as used in the Uniform Contribution Among Tortfeasors Act, § 41-3-2, et seq., N.M.S.A.1978, means "equal shares" or "proportionate shares" when applied to the right of contribution between tenants in common. We construe it to mean "equal shares."

This case arose out of a wrongful death action filed...

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