Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961
Michigan Compiled Laws

Mich. Comp. Laws § 600.2925a (2026)

Right of contribution where judgment not recovered; limitation on recovery; effect of settlement; defenses; intervention; subrogation; right of indemnity; breach of fiduciary obligation; liability of secretary of state.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.2925a Right of contribution where judgment not recovered; limitation on recovery; effect of settlement; defenses; intervention; subrogation; right of indemnity; breach of fiduciary obligation; liability of secretary of state.

Sec. 2925a.

    (1) Except as otherwise provided in this act, when 2 or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.

    (2) The right of contribution exists only in favor of a tort-feasor who has paid more than his pro rata share of the common liability and his total recovery is limited to the amount paid by him in excess of his pro rata share. A tort-feasor against whom contribution is sought shall not be compelled to make contribution beyond his own pro rata share of the entire liability.

    (3) A tort-feasor who enters into a settlement with a claimant is not entitled to recover contribution from another tort-feasor if any of the following circumstances exist:

    (a) The liability of the contributee for the injury or wrongful death is not extinguished by the settlement.

    (b) A reasonable effort was not made to notify the contributee of the pendency of the settlement negotiations.

    (c) The contributee was not given a reasonable opportunity to participate in the settlement negotiations.

    (d) The settlement was not made in good faith.

    (4) In an action to recover contribution commenced by a tort-feasor who has entered into a settlement, the defendant may assert the defenses set forth in subsection (3) and any other defense he may have to his alleged liability for such injury or wrongful death.

    (5) A tort-feasor who satisfies all or part of a judgment entered in an action for injury or wrongful death is not entitled to contribution if the alleged contributee was not made a party to the action and if a reasonable effort was not made to notify him of the commencement of the action. Upon timely motion, a person receiving such notice may intervene in the action and defend as if joined as a third party.

    (6) A liability insurer, who by payment has discharged in full or in part the liability of a tort-feasor and has thereby discharged in full its obligation as insurer, is subrogated to the tort-feasor's right of contribution to the extent of the amount it has paid in excess of the tort-feasor's pro rata share of the common liability. It may assert this right either in its own name or in the name of its insured. This provision does not limit or impair any right of subrogation arising from any other relationship.

    (7) This section does not impair any right of indemnity under existing law. Where 1 tort-feasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.

    (8) This section does not apply to breaches of trust or of other fiduciary obligations.

    (9) This section shall not operate to increase the liability of the secretary of state under Act No. 198 of the Public Acts of 1965, as amended, being sections 257.1101 to 257.1132 of the Michigan Compiled Laws.

History: Add. 1974, Act 318, Imd. Eff. Dec. 15, 1974

Compiler's Notes:

    Section 3 of Act 318 of 1974 provides: “The provisions of this amendatory act shall apply only to torts committed on or after January 1, 1975.”

Notes of Decisions
Cited in 91 cases (4 in the last 5 years), 1978–2023 · leading case: Gerling Konzern Allgemeine Versicherungs AG v. Lawson, 693 N.W.2d 149 (Mich. 2005).
Sort: Relevance Newest Treatment
Gerling Konzern Allgemeine Versicherungs AG v. Lawson, 693 N.W.2d 149 (Mich. 2005). · cites it 28× “" MCL 600.2925a provides, in part: (1) Except as otherwise provided in this act, when 2 or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among them even though…”
Donajkowski v. Alpena Power Co., 596 N.W.2d 574 (Mich. 1999). · cites it 12× “§ 600.2925a; MSA 27A.2925(1). Specifically, we are presented with the question whether an employer being sued for sex discrimination based upon the terms of a collective bargaining agreement may seek contribution from a union that was a party to that labor agreement.”
Tebo v. Havlik, 343 N.W.2d 181 (Mich. 1984). · cites it 10× “The Court held that the jury should not be informed of the settlement or of the amount that had been paid, unless the parties stipulated otherwise, and that following a jury verdict the court should calculate the amount by which the jury verdict would be reduced.”
Spectrum Health Hospitals v. Farm Bureau Mut. Ins Co of Michigan, 492 Mich. 503 (Mich. 2012). · cites it 6× “The Legislature enacted a contribution statute, MCL 600.2925a(1), which provided in part that “‘when 2 or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among…”
Theophelis v. Lansing Gen. Hosp., 424 N.W.2d 478 (Mich. 1988). · cites it 8× “See MCL 600.2925a et seq.; MSA 27A.2925(1) et seq.”
Downie v. Kent Prods., Inc, 362 N.W.2d 605 (Mich. 1985). · cites it 6× “Subsequently, MCL 600.2925a; MSA 27A.2925(1) was also adopted by the Legislature.”
Jorae v. Clinton Crop Serv., 465 F. Supp. 952 (E.D. Mich. 1979). · cites it 8× “§ 600.2925a. The final issue framed by the parties is whether one defendant has a right to contribution from the other defendant pursuant to M.”
Reurink Bros. Star Silo, Inc. v. Clinton Cnty. Road Commissioners, 409 N.W.2d 725 (Mich. Ct. App. 1987). · cites it 11× “On July 16, 1985, Reurink Brothers filed the instant claim in the Clinton Circuit Court, seeking contribution on the part of the defendant as a joint tortfeasor under Michigan’s contribution statute, MCL 600.2925a et seq.; MSA 27A.2925(1) et seq.”
Placek v. City of Sterling Heights, 275 N.W.2d 511 (Mich. 1979). · cites it 2× “MCL 600.2925a; MSA 27A.2925(1). The legislation is inconsistent with a pure comparative negligence system.”
Fid. & Deposit Co. of Md. v. Newman, 311 N.W.2d 821 (Mich. Ct. App. 1981). · cites it 7× “The statutory provision which delineates the basic right of contribution among tortfeasors is MCL 600.2925a; MSA 27A.2925(1). The excerpt which governs contribution among joint tortfeasors states in part: "(1) Except as otherwise provided in this act, when 2 or more persons…”
Kokx v. Bylenga, 617 N.W.2d 368 (Mich. Ct. App. 2000). · cites it 3× “We address next defendants’ contention that even if the 1995 tort reform measures apply in this case, those laws have not abrogated their right to bring an action for contribution against Miller Canfield under MCL 600.2925a; MSA 27A.2925(1). The issue whether or to what extent…”
Dolinka VanNoord & Co. v. Oppenheimer & Co., 891 F. Supp. 1244 (W.D. Mich. 1995). · cites it 8× “§ 600.2925a. Section 600.2925a(l) provides: Except as otherwise provided in this act, when 2 or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among them even…”
Show all 91 citing cases →
— Mich. Comp. Laws § 600.2925a(1) — 9 cases
Spectrum Health Hospitals v. Farm Bureau Mut. Ins Co of Michigan, 492 Mich. 503 (Mich. 2012). “The Legislature enacted a contribution statute, MCL 600.2925a(1), which provided in part that “‘when 2 or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among…”
Donajkowski v. Alpena Power Co., 596 N.W.2d 574 (Mich. 1999). “§ 600.2925a; MSA 27A.2925(1). Specifically, we are presented with the question whether an employer being sued for sex discrimination based upon the terms of a collective bargaining agreement may seek contribution from a union that was a party to that labor agreement.”
Downie v. Kent Prods., Inc, 362 N.W.2d 605 (Mich. 1985). “Subsequently, MCL 600.2925a; MSA 27A.2925(1) was also adopted by the Legislature.”
CSX Transp., Inc. v. Union Tank Car Co., 173 F. Supp. 2d 696 (E.D. Mich. 2001).
Piper Aircraft Corp. v. Dumon, 364 N.W.2d 647 (Mich. 1985).
— Mich. Comp. Laws § 600.2925a(2) — 10 cases
Gerling Konzern Allgemeine Versicherungs AG v. Lawson, 693 N.W.2d 149 (Mich. 2005). “" MCL 600.2925a provides, in part: (1) Except as otherwise provided in this act, when 2 or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among them even though…”
Miller v. Riverwood Rec. Ctr., Inc, 546 N.W.2d 684 (Mich. Ct. App. 1996).
Kokx v. Bylenga, 617 N.W.2d 368 (Mich. Ct. App. 2000). “We address next defendants’ contention that even if the 1995 tort reform measures apply in this case, those laws have not abrogated their right to bring an action for contribution against Miller Canfield under MCL 600.2925a; MSA 27A.2925(1). The issue whether or to what extent…”
Swindlehurst v. Resistance Welder Corp., 313 N.W.2d 191 (Mich. Ct. App. 1981).
Reurink Bros. Star Silo, Inc. v. Clinton Cnty. Road Commissioners, 409 N.W.2d 725 (Mich. Ct. App. 1987). “On July 16, 1985, Reurink Brothers filed the instant claim in the Clinton Circuit Court, seeking contribution on the part of the defendant as a joint tortfeasor under Michigan’s contribution statute, MCL 600.2925a et seq.; MSA 27A.2925(1) et seq.”
— Mich. Comp. Laws § 600.2925a(3) — 13 cases
Gerling Konzern Allgemeine Versicherungs AG v. Lawson, 693 N.W.2d 149 (Mich. 2005). “" MCL 600.2925a provides, in part: (1) Except as otherwise provided in this act, when 2 or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among them even though…”
Rittenhouse v. Erhart, 380 N.W.2d 440 (Mich. 1986).
Klawiter v. Reurink, 492 N.W.2d 801 (Mich. Ct. App. 1992).
Jackson v. Barton Malow Co., 346 N.W.2d 591 (Mich. Ct. App. 1984).
Reurink Bros. Star Silo, Inc. v. Clinton Cnty. Road Commissioners, 409 N.W.2d 725 (Mich. Ct. App. 1987). “On July 16, 1985, Reurink Brothers filed the instant claim in the Clinton Circuit Court, seeking contribution on the part of the defendant as a joint tortfeasor under Michigan’s contribution statute, MCL 600.2925a et seq.; MSA 27A.2925(1) et seq.”
— Mich. Comp. Laws § 600.2925a(3)(a) — 2 cases
Reurink Bros. Star Silo, Inc. v. Clinton Cnty. Road Commissioners, 409 N.W.2d 725 (Mich. Ct. App. 1987). “On July 16, 1985, Reurink Brothers filed the instant claim in the Clinton Circuit Court, seeking contribution on the part of the defendant as a joint tortfeasor under Michigan’s contribution statute, MCL 600.2925a et seq.; MSA 27A.2925(1) et seq.”
Buckeye Union Ins. v. Lenawee Cnty. Road Comm'n, 540 F. Supp. 634 (E.D. Mich. 1982).
— Mich. Comp. Laws § 600.2925a(3)(b) — 1 case
Zachary Allen Kott-Millard v. Geoffrey Fieger (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 600.2925a(3)(c) — 1 case
St Luke's Hosp. v. Giertz, 581 N.W.2d 665 (Mich. 1998).
— Mich. Comp. Laws § 600.2925a(3)(d) — 1 case
Zachary Allen Kott-Millard v. Geoffrey Fieger (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 600.2925a(5) — 5 cases
Reurink Bros. Star Silo, Inc. v. Clinton Cnty. Road Commissioners, 409 N.W.2d 725 (Mich. Ct. App. 1987). “On July 16, 1985, Reurink Brothers filed the instant claim in the Clinton Circuit Court, seeking contribution on the part of the defendant as a joint tortfeasor under Michigan’s contribution statute, MCL 600.2925a et seq.; MSA 27A.2925(1) et seq.”
Thrifty Rent-A-Car Sys., Inc v. Dep't of Transp., 601 N.W.2d 420 (Mich. Ct. App. 1999).
Hanley v. Mazda Motor Corp., 609 N.W.2d 203 (Mich. Ct. App. 2000).
Klawiter v. Reurink, 492 N.W.2d 801 (Mich. Ct. App. 1992).
Royal Indem. Co. v. H S Watson Co., 287 N.W.2d 278 (Mich. Ct. App. 1979).
— Mich. Comp. Laws § 600.2925a(6) — 3 cases
Sinai Hosp. v. Sivak, 276 N.W.2d 518 (Mich. Ct. App. 1979).
AMER. NAT. FIRE INS. CO. v. Frankenmuth Mut. Ins. Co., 501 N.W.2d 237 (Mich. Ct. App. 1993).
Am. Nat'l Fire Ins. v. Frankenmuth Mut. Ins., 199 Mich. App. 202 (Mich. Ct. App. 1993).
— Mich. Comp. Laws § 600.2925a(7) — 3 cases
Theophelis v. Lansing Gen. Hosp., 424 N.W.2d 478 (Mich. 1988). “See MCL 600.2925a et seq.; MSA 27A.2925(1) et seq.”
Conkright v. Ballantyne of Omaha, Inc., 496 F. Supp. 147 (W.D. Mich. 1980).
Hertz Corp. v. Volvo Truck Corp., 533 N.W.2d 15 (Mich. Ct. App. 1995).
— Mich. Comp. Laws § 600.2925a(8) — 5 cases
Donajkowski v. Alpena Power Co., 596 N.W.2d 574 (Mich. 1999). “§ 600.2925a; MSA 27A.2925(1). Specifically, we are presented with the question whether an employer being sued for sex discrimination based upon the terms of a collective bargaining agreement may seek contribution from a union that was a party to that labor agreement.”
Fid. & Deposit Co. of Md. v. Newman, 311 N.W.2d 821 (Mich. Ct. App. 1981). “The statutory provision which delineates the basic right of contribution among tortfeasors is MCL 600.2925a; MSA 27A.2925(1). The excerpt which governs contribution among joint tortfeasors states in part: "(1) Except as otherwise provided in this act, when 2 or more persons…”
Dolinka VanNoord & Co. v. Oppenheimer & Co., 891 F. Supp. 1244 (W.D. Mich. 1995). “§ 600.2925a. Section 600.2925a(l) provides: Except as otherwise provided in this act, when 2 or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among them even…”
Fed. Sav. & Loan Ins. v. Quinlan, 678 F. Supp. 174 (E.D. Mich. 1988).
Allard v. Benjamin (In re DeLorean Motor Co.), 65 B.R. 767 (E.D. Mich. 1986).
— Mich. Comp. Laws § 600.2925a(l) — 6 cases
Donajkowski v. Alpena Power Co., 596 N.W.2d 574 (Mich. 1999). “§ 600.2925a; MSA 27A.2925(1). Specifically, we are presented with the question whether an employer being sued for sex discrimination based upon the terms of a collective bargaining agreement may seek contribution from a union that was a party to that labor agreement.”
Miller v. Riverwood Rec. Ctr., Inc, 546 N.W.2d 684 (Mich. Ct. App. 1996).
Dolinka VanNoord & Co. v. Oppenheimer & Co., 891 F. Supp. 1244 (W.D. Mich. 1995). “§ 600.2925a. Section 600.2925a(l) provides: Except as otherwise provided in this act, when 2 or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among them even…”
May v. Wolverine Tractor & Equip. Co., 309 N.W.2d 594 (Mich. Ct. App. 1981).
Yoder Co. v. Liberty Mut. Ins., 284 N.W.2d 810 (Mich. Ct. App. 1979).
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