(1) If one of the obligors jointly and severally liable has no sufficient means to make reimbursement, the part which he is unable to pay shall be borne by the person demanding reimbursement and the other solvent obligors in proportion to their respective shares; provided, if the party demanding reimbursement is at negligence, he or she cannot demand the other obligors jointly and severally liable to bear their proportionate shares.
(2) In the case of the preceding paragraph, if one of the other obligors who are to bear the part for reimbursement of the obligor, who is insolvent, has obtained a release by the obligee from his or her joint and several liability, the obligee shall bear the part incumbent upon the obligor.