Brochner v. Western Insurance Co.

KIRSHBAUM, Justice.

We granted certiorari to review the opinion of the Colorado Court of Appeals in Western Insurance Co. v. Brochner, 682 P.2d 1213 (Colo.App.1983), in which the Court of Appeals concluded that a joint tortfeasor whose negligence was the primary cause of a plaintiff’s personal injuries was liable in indemnity to a second joint tortfeasor. The court also concluded that the primarily liable tortfeasor was obligated to pay the attorney fees and costs incurred by the secondarily liable tortfeasor in defending the original action. We reverse.

The Community Hospital Association (the…