Verducci v. Casualty Co. of America

Citations

• 96 Ohio St. (N.S.) 260

Syllabus

<p>Indemnity insurance — Powers of insurance compames — Rights of employes of indemnified companies — Construction of Section 9510, General Code — Employes subrogated to rights of employer, when — Provisions of Section 9510-1, General Code — May not be defeated- by contract, when.</p> <p>1. The business of insurance is one of public interest, affecting all classes of people and property, and is therefore properly the subject of legislative regulation and control.</p> <p>2. Domestic and foreign corporations engaged in the insurance business in Ohio must conform their business and contracts to the provisions of the statutes of Ohio regulating and controlling the same.</p> <p>3. Section 9510, General Code, must be construed in connection with Section 9510-1, General Code, in determining the terms and provisions that may be written into a contract of insurance to indemnify employers against loss or damages for personal injury sustained by an employe in the course' of his employment, through negligence of the employer, or negligence for which the employer is liable.</p> <p>4. No contract of insurance can be written under the authority granted in Section 9510, General Code, that will defeat the provisions of Section 9510-1, General Code, subrogating the injured employe who has recovered judgment against his employer for injuries sustained in the course of his employment through the negligence of his employer, or negligence for which the employer is liable, to all the rights of the employer under such contract.</p> <p>5. A provision in such a contract of insurance that no action can be brought thereon except by the employer, or that no action can be brought thereon until a judgment obtained by the employe against his employer has been fully paid and satisfied, is in conflict with the provisions of Section 9510-1, General Code, and void.</p>