Mildred Naomi Donohue & Janet Lee Donohue, Joyce Ann Donohue & James Edward Donohue v. Maryland Cas. Co., Rosa Lee Grubb & Deborah Leslie Frieze, an Infant, by Her Next Friend Rosa Lee Grubb & Rosa Lee Grubb, Adm'x of the Est. of William Edwin Grubb, Deceased v. The Travelers Ins. Co., 363 F.2d 442 (4th Cir. 1966). · Go Syfert
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Mildred Naomi Donohue & Janet Lee Donohue, Joyce Ann Donohue & James Edward Donohue v. Maryland Cas. Co., Rosa Lee Grubb & Deborah Leslie Frieze, an Infant, by Her Next Friend Rosa Lee Grubb & Rosa Lee Grubb, Adm'x of the Est. of William Edwin Grubb, Deceased v. The Travelers Ins. Co., 363 F.2d 442 (4th Cir. 1966). Cases Citing This Book View Copy Cite
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See [M.A.] Long Co. v. State Accident Fund, 156 Md. 639 , 144 A. 775 (1929)---- If it be held, as it was in Flood , that an insurer is immune from tort liability when it performs a duty imposed on the employer by the Workmens’ Compensation Act, no discernable reason is apparent why it should not also be immune when performing a duty imposed on the employer at common law, just as the employer is immune when performing either class of duties.” Donohue v. Maryland Casualty Co., 248 F.Supp. 588, 591 (D.Md.1965), aff'd, 363 F.2d 442 (4th Cir.1966); see also Young v. Hartford Accident & Indemnit…
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See Donohue v. Maryland Casualty Co., 363 F.2d 442 (4th Cir. 1966). 8 .
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Mildred Naomi Donohue and Janet Lee Donohue, Joyce Ann Donohue and James Edward Donohue
v.
Maryland Casualty Company, Rosa Lee Grubb and Deborah Leslie Frieze, an Infant, by Her Next Friend Rosa Lee Grubb and Rosa Lee Grubb, Administratrix of the Estate of William Edwin Grubb, Deceased v. The Travelers Insurance Company
10519.
Court of Appeals for the Fourth Circuit.
Jun 20, 1966.
363 F.2d 442
Published

363 F.2d 442

Mildred Naomi DONOHUE and Janet Lee Donohue, Joyce Ann Donohue and James Edward Donohue, Appellants,
v.
MARYLAND CASUALTY COMPANY, Appellee.
Rosa Lee GRUBB and Deborah Leslie Frieze, an infant, by her next friend Rosa Lee Grubb and Rosa Lee Grubb, Administratrix of the Estate of William Edwin Grubb, deceased, Appellants,
v.
The TRAVELERS INSURANCE COMPANY, Appellee.

No. 10518.

No. 10519.

United States Court of Appeals Fourth Circuit.

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.

PER CURIAM.

1

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.

2

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.

3

Affirmed.