Ohio Casualty Insurance v. Ford Motor Co.

MEMORANDUM AND ORDER

DUNCAN, District Judge.

Plaintiff brings this action on an implied contract of indemnity to recover certain payments made by plaintiff on behalf and for the benefit of its insured, Charles E. Wilson. The defendant has moved for summary judgment pursuant to Fed.R.Civ.P. 56. Upon consideration of the stipulated facts, and for the reasons stated herein, the Court finds that the defendant’s motion is well taken and must be granted.

Defendant’s first ground for summary judgment is the plaintiff’s alleged failure to give proper notice of its indemnity claim to the defendant. The…