In Globe Indemnity Co. v. Schmitt (1944), 142 Ohio St. 595, 53 N.E.2d 790, the indemnitee settled with the injured party and provided notice to the indemnitor. The indemnitor did not respond. The indemnitee proceeded with the settlement and then sought indemnification. The Ohio Supreme Court upheld the right to indemnity in a voluntary settlement context when the indemnitee proves: (1) proper and timely notice to the indemnitor; (2) "that he was legally liable to respond,"; (3) that the settlement was fair and reasonable. Id. at paragraph four of the syllabus.