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REPUBLIC-FRANKLIN INSURANCE CO. v. PROGRESSIVE CASUALTY INSURANCE CO.

No. 75-386.

45 Ohio St. 2d 93 (1976)

REPUBLIC-FRANKLIN INSURANCE CO., APPELLEE, v. PROGRESSIVE CASUALTY INSURANCE CO., APPELLANT, ET AL.

Supreme Court of Ohio.

Decided February 11, 1976.

Attorney(s) appearing for the Case

Mr. Thomas R. Bopeley, for appellee.

Messrs. Ross, Davis & Baran and Mr. Edward C. Baran, for appellant.

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...

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