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Donohue v. Maryland Casualty Company

United States Court of Appeals, Fourth Circuit
Jun 20, 1966
363 F.2d 442 (4th Cir. 1966)

Summary

applying Maryland law

Summary of this case from Krieger v. J.E. Greiner Co.

Opinion

Nos. 10518, 10519.

Argued June 2, 1966.

Decided June 20, 1966.

Bernard M. Goldstein, Baltimore, Md., for appellants.

Wm. B. Somerville, Baltimore, Md. (George Beall, and Smith, Somerville Case, Baltimore, Md., on brief), for appellee, Maryland Cas. Co.

Michael P. Crocker, Baltimore, Md. (Dewey B. Morris, and Piper Marbury, Baltimore, Md., on brief), for appellee, The Travelers Ins. Co.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Circuit Judge, and HEMPHILL, District Judge.


These two cases present a common question: Whether a workmen's compensation insurance carrier in Maryland is subject to a common law tort liability for the fatal injury of a workman allegedly resulting from a remediable hazard which should have been, but was not, discovered during the carrier's safety inspections. The District Court construed Art. 101 of the Annotated Code of Maryland as extending the employer's immunity to its insurer, so that the insurer's liabilities are limited to payment of the workmen's compensation benefits due under the statute.

With that construction we agree, for reasons stated in the opinion of the District Court. Donohue v. Maryland Cas. Co., D.Md., 248 F. Supp. 588.

Affirmed.


Summaries of

Donohue v. Maryland Casualty Company

United States Court of Appeals, Fourth Circuit
Jun 20, 1966
363 F.2d 442 (4th Cir. 1966)

applying Maryland law

Summary of this case from Krieger v. J.E. Greiner Co.
Case details for

Donohue v. Maryland Casualty Company

Case Details

Full title:Mildred Naomi DONOHUE and Janet Lee Donohue, Joyce Ann Donohue and James…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 20, 1966

Citations

363 F.2d 442 (4th Cir. 1966)

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