American National Property & Casualty Co. v. Ensz & Jester, P.C.

KAREN KING MITCHELL, Judge.

This case involves a professional negligence claim, a breach of fiduciary duty claim, and a breach of contract claim. The issue is whether and to what extent section 537.060 1 bars recovery on the claims. That section discharges a settling tortfea-sor from liability to a second tortfeasor when the liability is based in contribution or indemnity for the same injury to which the settlement agreement applied, unless indemnity is expressly or impliedly provided for by contract or vicarious liability applies. Here, the plaintiff does not allege that it entered into a…