1. Except as otherwise provided in this chapter, if two or more persons become jointly or severally liable in tort for the same injury to 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 that tort-feasor's pro rata share of the common liability, and that tort-feasor's total recovery is limited to the amount paid by that tort-feasor in excess of that tort-feasor's pro rata share. No tort-feasor is compelled to make contribution beyond that tort-feasor's own pro rata share of the entire liability.
3. There is no right of contribution in favor of any tort-feasor who has intentionally (willfully or wantonly) caused or contributed to the injury or wrongful death.
4. A tort-feasor who enters into a settlement with a claimant is not entitled to recover contribution from another tort-feasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
5. 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. This provision does not limit or impair any right of subrogation arising from any other relationship.
6. This chapter does not impair any right or indemnity under existing law. If one 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 the obligor's indemnity obligation.
7. This chapter shall not apply to breaches of trust or of other fiduciary obligation.
Notes of Decisions
Bartels v. City of Williston, 276 N.W.2d 113 (N.D. 1979).
· cites it 5× “The pertinent provisions of the joint tort-feasor contribution act provide as follows: *116 Section 32-38-01. Right to contribution. “1.”
Houser v. Gilbert, 364 N.W.2d 62 (N.D. 1985).
· cites it 9× “Section 32-38-01(4), N.D.C.C., provides: “4.”
Beavers v. Walters, 537 N.W.2d 647 (N.D. 1995).
· cites it 4× “Walters and Imperial Oil contend the assignment to Kiker and Kaiser of Chevron's claim against Walters and Imperial Oil is a subterfuge to evade N.D.C.C. § 32-38-01(3), which provides: "There is no right of contribution in favor of any tort-feasor who has intentionally…”
Gernand v. Ost Servs., Inc., 298 N.W.2d 500 (N.D. 1980).
· cites it 3× “Section 32-38-01, N.D.C.C., provides that where two or more persons become jointly or severally liable in tort for the same injury, a right of contribution exists among these persons.”
Horejsi Ex Rel. Anton v. Anderson, 353 N.W.2d 316 (N.D. 1984).
· cites it 2× “Section 32-38-01(6) makes it clear that the Uniform Act does *319 not affect the right of a master to indemnity from his servant: “This chapter does not impair any right or [of] indemnity under existing law.”
Target Stores v. Automated Maint. Servs., Inc., 492 N.W.2d 899 (N.D. 1992).
· cites it 2× “2 when read in concert with NDCC § 32-38-01(2), preclude a third party action by a defendant against a non-sued potential tortfeasor? We answer, Yes.”
Nelson v. Johnson, 1999 ND 171 (N.D. 1999).
· cites it 2× “1976); N.D.C.C. § 32-38-01. Under the modified comparative fault statute, N.”
Butz v. Werner, 470 N.W.2d 224 (N.D. 1991).
· cites it 4× “Section 32-38-01, N.D.C.C. However, in determining the right of a tort-feasor to contribution in a comparative negligence action, the pro rata shares of the common liability are to be determined in proportion to the percentage of negligence attributable to each tort-feasor under…”
— N.D. Cent. Code § 32-38-01(1) — 1 case
Bartels v. City of Williston, 276 N.W.2d 113 (N.D. 1979).
“The pertinent provisions of the joint tort-feasor contribution act provide as follows: *116 Section 32-38-01. Right to contribution. “1.”
— N.D. Cent. Code § 32-38-01(2) — 3 cases
— N.D. Cent. Code § 32-38-01(3) — 2 cases
Beavers v. Walters, 537 N.W.2d 647 (N.D. 1995).
“Walters and Imperial Oil contend the assignment to Kiker and Kaiser of Chevron's claim against Walters and Imperial Oil is a subterfuge to evade N.D.C.C. § 32-38-01(3), which provides: "There is no right of contribution in favor of any tort-feasor who has intentionally…”
— N.D. Cent. Code § 32-38-01(4) — 3 cases
Houser v. Gilbert, 364 N.W.2d 62 (N.D. 1985).
“Section 32-38-01(4), N.D.C.C., provides: “4.”
Bartels v. City of Williston, 276 N.W.2d 113 (N.D. 1979).
“The pertinent provisions of the joint tort-feasor contribution act provide as follows: *116 Section 32-38-01. Right to contribution. “1.”
— N.D. Cent. Code § 32-38-01(6) — 1 case
Horejsi Ex Rel. Anton v. Anderson, 353 N.W.2d 316 (N.D. 1984).
“Section 32-38-01(6) makes it clear that the Uniform Act does *319 not affect the right of a master to indemnity from his servant: “This chapter does not impair any right or [of] indemnity under existing law.”
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