Wasson

This is a controversy between two coinsurers, plaintiff Fireman’s Fund Insurance Company and defendant Atlantic National Insurance Company, the former suing the latter for a pro rata contribution on account of a personal injury judgment paid by Fireman’s Fund. Atlantic appeals from a judgment in plaintiffs’ favor.

On April 29, 1957, a Mrs. Dell Hodge, leaving a store owned by Wasson (original plaintiff here), stepped on or tripped over a dolly owned and placed on the sidewalk by said Wasson to load packages being delivered to his store by a Western Auto Supply Company truck. Wasson, insured against public liability by Fireman’s Fund, notified that insurer immediately. Atlantic, insurer of Western Auto Supply, was not then notified, because Western’s truck driver at that time had no knowledge of the accident. Under the terms of Western’s policy with Atlantic, Wasson was an “additional insured” if the accident arose during the unloading of the truck.

On April 24, 1958, Mrs. Hodge filed suit for her injuries, her complaint naming Wasson as defendant and also including Doe defendants. On May 29, 1958 (13 months after the accident), the attorney for Fireman’s Fund prepared a letter…