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Republic-Franklin Insurance v. Progressive Casualty Insurance

Republic-Franklin Insurance Co. v. Progressive Casualty Insurance Co.

Republic-Franklin Ins. v. Progressive Cas. Ins., 341 N.E.2d 600 (Ohio 1976)
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Court
Ohio Supreme Court · State Highest Courts
Decided
February 11, 1976
Docket
No. 75-386
Judges
Brown, Celebrezze, Corrigan, Herbert, Neill, Stern
Citations
341 N.E.2d 60045 Ohio St. 2d 9374 Ohio Op. 2d 2021976 Ohio LEXIS 539
Cited by 10 1 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The main issue presented in this Cause is whether the Progressive financial responsibility bond is insurance. If it is not insurance, the pro-rata provision of the Republic-Franklin policy does not apply and the financial responsibility bond is excess coverage.

Although a financial responsibility bond authorized by R. C. 4509.45 is in some respects similar to liability insurance, it is significantly different from insurance. One who must post proof of financial responsibility as a prerequisite to the privilege of driving may do so by following any one of several distinct methods provided for in R. C. 4509.45. That statute provides, in part:

*95 “Proof of financial responsibility when required under Section 4507.41, 4509.32, 4509.33, 4509.34, 4509.38, 4509,-40, 4509.42, or 4509.44 of the Eevised Code may be given by filing any of the following:

* ‘ (A) A certificate of insurance as provided in Section 4509.46 or 4509.47 of the Eevised Code:

“(B) A bond as provided in Section 4509.59 of the Eevised Code * *

Throughout E. C. Chapter 4509 the dissimilarity of a financial responsibility bond and liability insurance is apparent.

A liability insurance policy is written for the protection of the insured. However, a financial responsibility bond does not protect the principal by insuring him against liability. A financial responsibility bond is written for the protection of the motoring public, who may be injured by the principal. If the surety is compelled to make payment for damages caused by the principal, it has the right to seek reimbursement from the principal. The Progressive financial responsibility bond, in the present case, expressly provides for reimbursement by the principal. This fundamental difference between insurance and a financial responsibility bond compels this court to find that a financial responsibility bond is not insurance, as that term is used in the Eepublic-Franklin pro-rata provisions. See, also, Kerr v. Personal Service Ins. Co. (1975), 44 Ohio App. 2d 1 , 335 N. E. 2d 741 .

For the foregoing reasons, the judgment of the Court of Appeals is reversed.

Judgment reversed.

O’Neill, C. J., Herbert, Corrigan, Stern, Celebrezze, W. Brown and P. Brown, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

  • (“If the surety is compelled to make payment for damages caused by the principal, it has the right to seek reimbursement from the principal.”)
    Koster v. Chowdhury, 2016 Ohio 5704

Cited by 10 cases

View all citing references →
1976: 11982: 11984: 21985: 11986: 11991: 11992: 12003: 12016: 119762026peak 1984 · 2

Relies on it most ⓘ

  1. Gilchrist v. Gonsor, Unpublished Decision (5-8-2003)821 N.E.2d 154 (Ohio Ct. App. 2003)
  2. Schirm v. Auclair597 F. Supp. 202 (D. Conn. 1984)
  3. Grange Mutual Casualty Co. v. Refiners Transport & Terminal Corp.487 N.E.2d 310 (Ohio 1986)
  4. Suver v. Personal Service Insurance462 N.E.2d 415 (Ohio 1984)
  5. Schmitt v. Insurance Co. of North America230 Cal. App. 3d 245 (1991)
  6. Lumbermens Mutual Casualty Co. v. Agency Rent-A-Car, Inc.128 Cal. App. 3d 764 (1982)

Most recent

  1. Koster v. Chowdhury2016 Ohio 5704
  2. Gilchrist v. Gonsor, Unpublished Decision (5-8-2003)821 N.E.2d 154 (Ohio Ct. App. 2003)
  3. Babcock & Wilcox Co. v. Arkwright-Boston Manufacturing Mutual Insurance867 F. Supp. 573 (N.D. Ohio 1992)
  4. Schmitt v. Insurance Co. of North America230 Cal. App. 3d 245 (1991)
  5. Grange Mutual Casualty Co. v. Refiners Transport & Terminal Corp.487 N.E.2d 310 (Ohio 1986)
  6. True v. Currens499 N.E.2d 1287 (Ohio Ct. App. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Kerr v. Pers. Serv. Ins., 335 N.E.2d 741 (Ohio Ct. App. 1975) 6

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