Midwest Mutual Insurance v. Indiana Insurance

SULLIVAN, Judge.

Midwest Mutual Insurance Company (Midwest) appeals from the trial court’s entry of summary judgment in favor of Indiana Insurance Company (Indiana) in Midwest’s declaratory judgment action seeking contribution from Indiana.

The facts precipitating suit were as follows. On June 23, 1975, Kevin McCarty, while riding a motorcycle, was injured by a hit and run motorist. Kevin’s mother, Ann McCarty, had. two separate insurance policies in effect at that time. Under a policy underwritten by Midwest, Ann McCarty was the named insured and the vehicle insured was the motorcycle. A…