Employers Casualty Company v. Ideal Cement Co.

IRWIN, Justice:

Appellant, Employers Casualty Company (plaintiff), concluded a settlement of a personal injury action brought against its insured, Dolese, by Arvel Davis. In this proceeding, plaintiff sought indemnification of the settlement it made with Davis from appellees (defendants) on the grounds that Davis’ injuries resulted from defendants’ active or primary negligence. The trial court sustained defendants’ demurrer to plaintiff’s petition and dismissed the action. Plaintiff appealed.

Plaintiff alleged in its petition that it provided liability insurance to Dolese; that prior to the…