New Hampshire Insurance v. American Employers Insurance

The opinion of the court was delivered by

Harman, C.:

This is an action for contribution brought by one insurance company against another arising out of fire damage to property upon which each insurer paid the loss. Contribution was denied and the plaintiff insurer has appealed. Essentially, the issue is whether there was overlapping or common coverage requiring contribution.

With a single exception the facts before the trial court were stipulated by the parties and may be summarized as follows:

Harry Hines Woodring was the legal owner of a house in Topeka which he had insured, in his own name…