Sinai Hospital v. Sivak

In this appeal we are asked to determine whether an action for contribution or indemnity should be brought in the name of Sinai Hospital or in the name of Insurance Company of North America (INA), the hospital’s insurer who paid the sums for which contribution or indemnity is sought in the instant action. Obviously, the defendant’s opportunity for a successful defense is greater if suit is required in the name of the corporate insurer rather than in the name of a charitable institution. In December, 1976, the trial court granted defendant’s motion for accelerated judgment on grounds that suit…