Ohio Casualty Insurance Co. v. Commonwealth, Department of Highways

CULLEN, Commissioner.

Ohio Casualty Insurance Company appeals from a circuit court judgment affirming an order of the Kentucky Board of Claims which dismissed a claim the company had asserted against the Kentucky Department of Highways, for indemnity or contribution on the amount of a settlement the company had made of a claim, against a motorist insured by the company, arising out of a highway accident. The company asserted that the accident was caused by a defect in the highway attributable to negligent maintenance. The Board of Claims found that the highway department was negligent, but…