USF & G CO. v. LIBERTY MUT. INS. CO.

Docket Nos. 62929, 63016.

127 Mich. App. 365 (1983)

339 N.W.2d 185

UNITED STATES FIDELITY & GUARANTY COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY

Michigan Court of Appeals.

Decided July 19, 1983.


Attorney(s) appearing for the Case

Davidson, Gotshall, Kohl, Secrest, Wardle, Lynch & Clark (by Michael Updike), for counter-plaintiff.

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by Daniel L. Garan), and Gromek, Bendure & Thomas (by Mark R. Bendure), of counsel, for counter-defendant.

Before: J.H. GILLIS, P.J., and D.E. HOLBROOK, JR., and GRIBBS, JJ.


J.H. GILLIS, P.J.

The issue in this appeal is whether appellants are precluded as a matter of law from pursuing their counterclaim of contribution against appellee. The trial court ruled that appellants were so precluded and granted summary judgment in favor of appellee. We reverse.

I

The facts, though complex, are not in dispute. On February 27, 1971, Zlatko Grujovski, an employee of Kasle Steel Corporation...

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