3.__Basis for contribution.__The basis for contribution is each tortfeasor's equitable share of the joint obligation.__The right of contribution exists only in favor of a tortfeasor who has paid more than its equitable share of the common liability and is limited to the amount of its payment in excess of such share.

4.__Insolvency.__If a joint tortfeasor lacks capacity to pay its equitable share, then the resulting loss is distributed among those remaining in proportion to their respective equitable shares.

5.__Intentional tortfeasor.__There is no right of contribution in favor of any tortfeasor who has intentionally caused the harm.

6.__Arising from settlement.__Right of contribution is available to a joint tortfeasor that enters into a settlement with the plaintiff only:

A.__If the liability of the party against whom contribution is sought has been extinguished; and

B.__To the extent that the amount paid in settlement was reasonable.

7.__Liability insurers.__A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount the insurer has paid in excess of the tortfeasor's equitable share of the common liability.__This section does not limit or impair rights of subrogation arising from any other relationship.

8.__Indemnity.__When one tortfeasor has a right of indemnity against another, neither has a right of contribution against the other.

9.__Breaches of trust.__This section does not apply to breaches of trust or to breaches of other fiduciary obligations.

§186.__Enforcement of contribution rights

1.__By motion.__If proportionate fault among joint tortfeasors has been previously established, a party paying more