American Family Mutual Insurance Co. v. Allied Mutual Insurance Co.

HARRIS, Justice.

Two insurance companies were potentially responsible for the coverage for injuries sustained by an automobile passenger who suffered a gunshot wound during a hunting outing. After both companies pointed to the other as responsible, one of them assumed the defense and settled the claims. It then brought this action to recoup against the other insurer. The suit was later dismissed by way of summary judgment. We reverse and remand, vacating-a contrary decision by the court of appeals.

We subscribe to the factual summary in the decision of the court of appeals. With minor editorial…