State Ex Rel. Manchester Insurance & Indemnity Co. v. Moss

SEILER, Judge.

In this original proceeding in prohibition, relator-intervenor seeks to prohibit respondent judge from dismissing its cross claim for indemnity against defendant.

The plaintiffs in the underlying action are insured by the relator for liability and uninsured motorist coverage. On October 31, 1972, plaintiff Mrs. Harris had a collision with a utility pole as a result of the alleged negligence of Nelson Tenney, who had no physical contact with the Harris vehicle. Mrs. Harris, asserting she had been injured by the alleged negligence of Tenney, filed suit against him for damages. The…