Travelers Insurance Company v. Southern Electric, Inc.

Cooper, Judge.

Appellant, the workers’ compensation carrier of a statutory employer under OCGA § 34-9-8 (a), brought this action pursuant to OCGA § 34-9-8 (b) to recover payments made to and on behalf of appellee’s injured employee. The trial court granted summary judgment for appellee, ruling that appellant was not entitled to indemnification because appellant did not insist that the injured employee pursue a formal claim against appellee before it provided coverage.

Viewing the record in a light most favorable to appellant as the nonmovant on a motion for summary judgment, it appears that LCP…