the Court upheld the right of a paying insurer on a fire insurance claim to pursue another insurer by way of subrogation,
but the reasoning relied on statutory provisions and upon a finding that the paying insurer had no liability under its policy to pay, and its payment was therefore "ex gratia". This, the Court reasoned, took the case out of the statutory provision providing for contribution (for the two insurers were not co-insurers), and brought it within the one permitting subrogation to the insured's rights against the governing insurer