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INDUSTRIAL INDEM. CO. v. BEESON

No. 1 CA-CIV 4843.

132 Ariz. 503 (1982)

647 P.2d 634

INDUSTRIAL INDEMNITY COMPANY, a California corporation, Plaintiff-Appellee, v. Thomas BEESON and Jane Doe Beeson, husband and wife; Richard Impson and Jane Doe Impson, husband and wife; and Horace Mann Mutual Insurance Company, an Illinois corporation, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied May 12, 1982.

Review Denied June 8, 1982.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by Larry Smith, Ralph Hunsaker, Phoenix, for plaintiff-appellee.

Weyl, Guyer, MacBan & Olson by Robert A. Guyer, Thomas G. Bakker, Daryl Manhart, Phoenix, for defendants-appellants.

OPINION

JACOBSON, Presiding Judge.

The major issue presented by this appeal is under what circumstances may an insurer be bound by prior litigation in which its insured was not a party.

This action was instituted by plaintiff-appellee, Industrial Indemnity Company (Industrial Indemnity) seeking indemnity or contribution from defendant-appellant, Horace Mann Insurance Company (Horace Mann) and its insureds, Thomas Beeson and Richard Impson, for a settlement...

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