Mutual of Enumclaw Insurance v. State Farm Mutual Automobile Insurance

Mutual of Enumclaw (Mutual) and State Farm both contributed to a plaintiff's recovery in settlement of a personal injury action. Mutual later brought this action seeking indemnification from State Farm for the amounts paid by Mutual. Mutual appeals from the order granting State Farm's motion for summary judgment and denying Mutual's motion for summary judgment. We affirm.

On July 8, 1976, Kenneth Lane, Jr. (State Farm's insured) was driving his parents' automobile in which Michael Evans (Mutual's insured) was a passenger in the right front seat. Lane was driving north on Holman Road in…