Firemen's Insurance v. Motors Insurance

This is an action by the plaintiff, Firemen’s Insurance Company, to require the defendant, Motors Insurance Corporation, to contribute pro rata to an automobile collision loss. The trial court sustained a demurrer to plaintiff’s complaint and when plaintiff refused to plead further, dismissed the action. Plaintiff appeals.

Plaintiff’s policy was issued to Courtesy Chevrolet Company and provided $100 deductible collision coverage for a 1964 Chevrolet automobile described in the policy. The automobile was damaged by collision while it was being driven by Eddie Lee Counts. The defendant, Motors…