May Trucking Co. v. International Harvester Co.

DONALDSON, Justice.

Appellant, Transport Indemnity Company, brought this action against respondents, International Harvester Company and Boise International Inc., seeking indemnity for moneys paid by Transport Indemnity, the insurer, to co-appellant May Trucking Company pursuant to a contract for insurance. The trial court found the insurer Transport Indemnity’s action not to be based on indemnity but rather one based on the right of subrogation and granted respondents’ motion for summary judgment on the ground that the applicable statutes of limitation 1 had run prior to the filing. Transport…