Reynolds v. Physicians Insurance

Francis E. Sweeney, Sr., J.

The sole issue is whether an implied contract of indemnity exists between two physicians, each physician having distinct and separate duties in caring for an infant patient. For the following reasons, we answer “no,” and accordingly, reverse the judgment of the court of appeals.

Appellee PICO contends that its cause of action is based on an implied contract of indemnity theory. The rule of indemnity provides that “where a person is chargeable with another’s wrongful act and pays damages to the injured party as a result thereof, he has a right of indemnity from the…