Nationwide Insurance v. Hartford Accident & Indemnity Co.

Littlejohn, Justice.

The plaintiff, Nationwide Insurance Company, brings this action to recover from the defendant, Hartford Accident and Indemnity Company, a pro rata share of the $8,000 it paid to James Ronald Mixson because of an injury sustained in an accident. Hartford demurred to the complaint on the ground that it appeared on the face of the complaint that no cause of action was stated because “the Plaintiff manifestly made payment as a volunteer and hence is not entitled to contribution from the Defendant,” and, “excess payment, if any, paid by the Plaintiff was a purely voluntary…