Christlieb v. Luten

CRIST, Judge.

Plaintiff in this prohibition action has one of three claims totalling over one-half million dollars against the $20,000.00 proceeds of an automobile liability insurance policy owned by the insolvent judgment debtor. Plaintiff seeks to reapportion those proceeds, so as to receive one-third thereof instead of his pro rata share. We deny the petition in prohibition and quash the preliminary order in prohibition we issued on February 25, 1982.

Plaintiff initiated one of three actions against Edward Eaton, all the result of an automobile accident in which plaintiff sustained personal…