THE SCOTTS COMPANY v. PACIFIC EMPLOYERS

The court properly denied appellant's motion to amend the third-party complaint since the proposed amendment did not state a viable claim for relief. The amendment sought to enjoin appellant's coinsurers from proceeding against appellant for contribution based upon appellant's settlement agreement with the insured and upon General Obligations Law § 15-108. The court correctly found that the settlement agreement's express contemplation of contribution claims by the coinsurers was a waiver of section 15-108's protections ( see Mitchell v New York Hosp., 61 NY2d 208, 213). Moreover, section 15-108 applies only to joint tortfeasors, not to coinsurers ( HRH Constr. Corp. v Commercial Underwriters Ins. Co., 11 AD3d 321, 323).

[ See 18 Misc 3d 1139(A), 2008 NY Slip Op 50369(U).]