KSC, TITLE 6. THE JUDICIARY
Chapter 28. Contribution
Section 6.2801. Right of contribution.
(1) Except as otherwise provided in this chapter, when 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 there is then no judgment 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 may not exceed the amount paid by him in excess of his pro rata share. There is no obligation upon a tort-feasor to make contribution beyond his own pro rata share of the entire liability.
(3) There is no right of contribution in favor of a tort-feasor who has intentionally, wilfully, 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 and is not entitled to recover in respect to an 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 his obligation as insurer, is subrogated to the tort-feasor's right of contribution to the extent of the amount he has paid in excess of the tort-feasor's pro rata share of the common liability. This subsection does not limit or impair a right of subrogation arising from another relationship.
(6) This chapter does not impair a right of indemnity under existing law. When a 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 a portion of his indemnity obligation.
(7) This chapter shall not apply to a breach of trust or fiduciary obligation.
Section 6.2802. Pro rata shares.
In a determination of the
pro rata shares of tort-feasors in the entire liability:
(1) Their relative degrees of fault are not relevant;
(2) If equity requires, the collective liability of some as a group constitute a single share; and
(3) Principles of equity applicable to contribution generally apply.
Section 6.2803. Enforcement.
(1) Whether or not there is a judgment against two or more tort-feasors for the same injury or wrongful death, enforcement of contribution may be by separate action.
(2) When there is a judgment in an action against two or more tort-feasors for the same injury or wrongful death, enforcement of contribution may be by judgment in the action in favor of one defendant against other judgment defendants, by motion with notice to all parties to the action.
(3) If there is a judgment for the injury or wrongful death against the tort-feasor seeking contribution, commencement of a separate action by him to enforce contribution must occur within one year after the judgment has become final by lapse of time for appeal or after appellate review.
(4) If there is no judgment for the injury or wrongful death against the tort-feasor seeking contribution, he has no right of contribution unless he has either:
(a) discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment, or
(b) agreed while an action is pending against him to discharge the common liability and has within one year after agreement paid the liability and commenced his action for contribution.
(5) The recovery of a judgment for an injury or wrongful death against one tort-feasor does not of itself discharge the other tort-feasors from liability for the injury or wrongful death unless there has been satisfaction of the judgment. A satisfaction of the judgment does not impair a right of contribution.
(6) A judgment determining the liability of several defendants to the claimant for an injury or wrongful death is binding as among the defendants in determining their right to contribution.
Section 6.2804. Release or covenant not to sue.
A release or a
covenant not to sue or not to enforce a judgment given in good faith to one of
two or more persons liable in tort for the same injury or the same wrongful
(1) does not discharge any of the other tort-feasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the other to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is greater; and
(2) discharges the tort-feasor who [receives] it from all liability for contribution to any other tort-feasor
Section 6.2805. Retroactivity.
This act does not create
a right or remedy in a joint tort-feasor in favor of whom the provisions of this
chapter would otherwise apply, when the joint tort-feasor's cause of action
accrued prior to the effective date of the Code, and to this extent the
provisions of this chapter are not retroactive.