Iowa National Mutual Insurance v. Surratt

HEDRICK, Judge.

There being no genuine issue as to any material fact, the only question which we must resolve on this appeal is whether plaintiff, as a matter of law, is entitled to contribution from the defendant. A basic prerequisite to plaintiff’s right of contribution is that there be joint tort liability. G.S. 1B-I(a); Pearsall v. Power Co., 258 N.C. 639, 129 S.E. 2d 217 (1962); Wise v. Vincent and Stronach v. Vincent, 265 N.C. 647, 144 S.E. 2d 877 (1965); Clemmons v. King, 265 N.C. 199, 143 S.E. 2d 83 (1965). In the former action instituted by Springs, plaintiff’s insureds and Barbara…