Commercial Union Assurance Companies v. Western Farm Bureau Insurance Companies

OPINION

~""SOSA, Chief Justice.

The issue we decide in this case is whether the language “pro rata share” as used in the Uniform Contribution Among Tortfeasors Act, § 41-3-2, et seq., N.M.S.A.1978, means “equal shares” or “proportionate shares” when applied to the right of contribution between tenants in common. We construe it to mean “equal shares.”

This case arose out of a wrongful death action filed in Rio Arriba County. The basis of the suit was an allegation that four defendants, two of whom were insured by Commercial Union Assurance Companies (Commercial Union) and two of whom were insured…