Midwest Mutual Insurance v. Aetna Casualty & Surety Co.

This controversy involves the right of contribution between two carriers providing uninsured motorist protection to the same insured.

Midwest Mutual Insurance Company, the plaintiff below, brought this action at law for $6,000 against The Aetna Casualty & Surety Company seeking to recover one-half the amount Midwest paid to settle the uninsured motorist claim of Stanley S. Winston, Sr. Aetna’s demurrer was sustained by the trial court and we awarded Midwest a writ of error to the December 10, 1974, order dismissing the action.

Midwest’s motion for judgment states the following case, the effect…