Mutual Service Casualty Insurance v. Overholser

Loring, Chief Justice.

These actions all arose out of a collision between an automobile driven by Leo Pehovek and a motorcycle operated by Walter Overholser but alleged to have been owned by his brother, Orville Overholser. Raymond Marsh was a passenger on the motorcycle. Both Marsh and Walter Overholser were injured in the collision.

Pehovek’s insurer, Mutual Service Casualty Insurance Company, paid Marsh $2,000 in settlement for his injuries. The company then brought suit against Walter and Orville Overholser for contribution to this payment, alleging that the negligent operation of the…