United States Fidelity & Guaranty Co. v. Liberty Mutual Insurance

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 em ployee of Kasle Steel Corporation, was severely injured while operating a splitting machine designed and manufactured by Wean United, Inc. Appellee Liberty Mutual Insurance Company, the workers’ disability compensation carrier for Kasle…