Nationwide Mutual Insurance v. Kintz

SHUGHART, S.J.,

— In wrongful death and survival actions instituted at No. 114 Civil 1981, Joseph L. Kintz, the defendant herein, recovered damages of $129,870 for the death of his wife in an automobile accident. The jury returned a verdict in the liability portion of that case indicating that Thomas March was 65 percent liable for the accident and Mark Forguson was 35 percent liable. March was uninsured at the time of the accident. Forguson was insured by Nationwide Mutual Insurance Co., plaintiff herein. Nationwide paid the $129,870 judgment on November 12, 1982, pursuant to the terms of its…