Smith v. National Union Fire Insurance

Hall, Presiding Judge.

The origins of these consolidated appeals were three wrongful death actions against the defendants Smith, who are licensed motor carriers, and their two insurers. Following either a jury verdict for the plaintiffs or a negotiated settlement, National Union paid out substantial sums. It had earlier filed cross claims against the Smiths for reimbursement of any payments it would be obligated to make. Both the Smiths and National Union filed motions for summary judgment on the cross claims, stipulating (in effect) there were no factual issues and that one or another should…