Firemen's Insurance v. Motors Insurance

This is a suit 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 defend*603ant, Motors…