GALLAGHER v. BITUMINOUS FIRE & MAR. INS.

No. 124, September Term, 1984.

303 Md. 201 (1985)

492 A.2d 1280

JAMES HENRY GALLAGHER ET UX. v. BITUMINOUS FIRE AND MARINE INSURANCE COMPANY ET AL.

Court of Appeals of Maryland.

May 31, 1985.


Attorney(s) appearing for the Case

Walter P. Drake, Ocean City, for appellants.

James D. Reed, Baltimore (Mark T. Hackman and Reed, Reed & Kelly, P.A., Baltimore, on the brief), for appellees.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and McAULIFFE, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals (retired), Specially Assigned.


RODOWSKY, Judge.

This multiple-count, third-party action by a workers' compensation claimant against the compensation insurer arises out of the latter's alleged failure timely to pay certain temporary total disability benefits and medical bills. The trial court entered judgment for the insurer on demurrer on the ground that the compensation remedy was exclusive. As hereinafter explained, that holding was too broad. While none of the legal theories stated a cause of...

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