Now, with the creation of Florida Statute 624.1055, a liability insurer who owes a duty to defend an insured has a right of contribution
for defense costs against any other liability insurer who owes a duty to defend the insured against the same claim, suit, or other action.
In these situations, the owners who provided the personal guaranty may want to add a right of contribution
provision in the buy-sell agreement.
In common law countries, the right of contribution
between insurers arose out of equity.
quickly read into section 107 an implied right of contribution
It should also restore the doctrine of joint and several liability augmented with a right of contribution
among joint tortfeasors in equal pro rata shares.
The court held, inter alia, that although the Contribution Act gives a settling tortfeasor a right of contribution
against other joint tortfeasors, that right is limited to situations where there are two or more joint tortfeasors wherein a recovery against any one of them even though judgment has not been entered against all or any one of them.
century the vast majority of states authorized a right of contribution
The right of contribution
under 750 ILCS 5/508(a) has been based upon the other party's ability to pay, coupled with the movant's inability to pay, Warlick says.
(127) The relevant provisions of the Act, which were based upon the Civil Liability (Contribution) Act 1978 (UK) c 47, were introduced in 1986 to expand the statutory right of contribution
, which had previously been restricted to claims between tortfeasors.
during or following any civil action." (20) Section 113(f)(3) provides a separate right of contribution
for persons who have resolved their liability to the government.
(103) In addition, the law recognizes no right of contribution
, (104) which means that a defendant forced to pay damages cannot require another participant in the antitrust violation to reimburse it for any part of the judgment.