Perkins v. Worzala

The sole issue presented on this appeal is whether a complaint which alleges that an insurer has made a settlement payment to a nonparty on behalf of its insured-defendant and asks for contribution from other codefendants in case joint liability is found to exist, can also state an alternative cause of action for indemnity of the payment by the insured-defendant in the event the said insured-defendant is found to be free of negligence.

Appellant admits, at the outset, that the word “indemnification” in the cross complaint may not be strictly appropriate and would have this court consider the…