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IN RE KEMPER INS. COMPANIES

No. 93A02-0402-EX-186.

819 N.E.2d 485 (2004)

In re the Matter of KEMPER INSURANCE COMPANIES and the Surety Bond Issued for Bethlehem Steel Corporation. American Motorists Insurance Company, a member of the Kemper Insurance Companies, Appellant, v. Worker's Compensation Board of Indiana, Appellee.

Court of Appeals of Indiana.

Rehearing Denied February 14, 2005.

Attorney(s) appearing for the Case

Steven H. Rittmaster, Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho, NY, Jeffrey J. Mortier, Julia Blackwell Gelinas, Locke Reynolds LLP, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, G. Terrence Coriden, Chairman, Worker's Compensation Board of Indiana, Indianapolis, IN, Attorneys for Appellee.

Robert Fanning, Due Doyle Fanning & Metzger, LLP, Indianapolis, IN, Attorney for Amicus Curiae Indiana Self-Insurers Association, Inc.

Craig R. Van Schouwen, Blachly, Tabor, Bozik & Hartman, Valparaiso, IN, Attorney for Amicus Curiae April Moehl.

OPINION

CRONE, Judge.

Case Summary

Appellant American Motorists Insurance Company, a member of the Kemper Insurance Companies ("Kemper"), appeals the order of the Worker's Compensation Board ("the Board") that Kemper is liable under its $3,000,000 surety bond ("the Bond") for all the worker's compensation liabilities of Bethlehem Steel Corporation ("Bethlehem") arising from personal injury dates that occurred from August 1, 1979, to April 30, 2003...

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