INDUSTRIAL INDEMNITY CO. v. DUWE

Nos. 16-81-10790, 16-81-09242; CA A31771.

707 P.2d 96 (1985)

75 Or.App. 493

INDUSTRIAL INDEMNITY COMPANY, Appellant, v. Don DUWE, Respondent. American States Insurance Company, a Corporation, Respondent. v. Industrial Indemnity Company, a Corporation, Appellant.

Court of Appeals of Oregon.

Decided October 2, 1985.


Attorney(s) appearing for the Case

Ronald B. Teryenbach, Eugene, for appellant. With him on briefs were William G. Wheatley and Jaqua, Wheatley, Gallagher & Holland, P.C., Eugene.

Patrick J. Kouba, Eugene, for respondents. With him on brief were Atherly, Butler & Burgott, Eugene.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


WARDEN, Judge.

These consolidated cases arose after settlement of a wrongful death case against defendant Duwe and his employer, Coast Distributors, Inc. Under the settlement agreement, Industrial Indemnity, which was the liability insurer for Coast Distributors, and American States Insurance Company, which was the liability insurer for Duwe, paid equal amounts to the estate of the decedent. In these actions, American States seeks pro rata contribution from Industrial...

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