American Insurance v. Ohio Bureau of Workers' Compensation

Petree, Judge.

Appellant, Transport Insurance Company (“Transport”), appeals from a judgment of the Franklin County Court of Common Pleas declaring that appellee, the American Insurance Company (“American”), may be subrogated to the rights of Wilson Freight Company (“Wilson Freight”) against Transport on a policy of excess indemnity insurance issued to Wilson Freight by Transport.

Wilson Freight was a self-insured employer for purposes of paying Ohio workers’ compensation benefits. To qualify as a self-insured employer, Wilson Freight was required to obtain a surety bond sufficient to secure…