FLOOD v. MERCHANTS INS. CO.

[No. 129, September Term, 1962.]

230 Md. 373 (1963)

187 A.2d 320

FLOOD v. MERCHANTS MUTUAL INSURANCE COMPANY

Court of Appeals of Maryland.

Decided January 16, 1963.


Attorney(s) appearing for the Case

Calvin E. Cohen, with whom were John B. Wright and Wright & Cohen on the brief, for the appellant.

Max Sokol and Melvin J. Sykes, with whom were Dickerson, Nice & Sokol on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HAMMOND, PRESCOTT, MARBURY and SYBERT, JJ.


MARBURY, J., delivered the opinion of the Court.

This is an appeal from the judgment of the Superior Court of Baltimore City sustaining appellee's demurrer to the third count of appellant's declaration, without leave to amend. The third count sought to recover in tort from an employer's workmen's compensation insurer for alleged negligence, consisting of claimed malpractice of physicians selected by the insurer for treatment of an employee's injuries.

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