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Matter of Tech. Ins. Co. v. Progressive Max Ins.

Joint, Several Liability Unavailable in Loss Transfer Proceedings; Vacatur of Award Denied

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DECISION, ORDER & JUDGMENT

*1 The petition to vacate the arbitration decision is denied and this proceeding is dismissed.BackgroundPetitioner is the worker’s compensation insurance carrier for a bus company. This petition arises out of injuries suffered by an employee of petitioner’s insured, Ilene Lacombe, as the result of a motor vehicle accident on December 4, 2012. Lacombe was on the job as a passenger on a school bus that collided with a car owned by respondent’s insured Asia Smith. The school bus was operated by Lacombe’s co-worker Ivan Tatarchuk. Lacombe’s employer, Fortuna Bus Company, secured workers’ compensation payment for Lacombe from petitioner.The accident qualified for loss transfer arbitration because one of the vehicles involved in the accident — the school bus — weighed more than 6,500 pounds and was a vehicle for hire. At the arbitration, petitioner claimed that respondent’s insured (Smith) was liable for the accident while respondent insisted that the school bus caused the crash. The arbitrator found that Smith was 50 percent responsible for the accident and that the school bus, operated by Lacombe’s co-worker, was 50 percent liable. The liability carrier for Fortuna Bus Company is Wesco Insurance Company, a subsidiary of petitioner. The

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