Schunk v. Hotchkiss

Peterson, Justice.

Appeal from a judgment of the district court affirming an order of the probate court ordering the representative of decedent’s estate to pay as contribution to his judgment codebtors one-half the difference of the amount paid by the latter in excess of that paid by the representative in satisfaction of a judgment recovered against them in a personal injury action, and interest thereon.

The questions for decision are:(1) Whether the reinsurer of the insurer of a party claiming contribution from his judgment codebtor is the proper party to bring the proceeding for the recovery…