KUNEY v. PMA INS. CO.


525 Pa. 171 (1990)

578 A.2d 1285

George C. KUNEY, Appellee, v. PMA INSURANCE COMPANY, Appellant.

Supreme Court of Pennsylvania.

Decided August 22, 1990.


Attorney(s) appearing for the Case

Earl T. Britt, Anthony J. Bilotti, for appellant.

L. Rostaing Tharaud, Charles W. Craven, for amicus — Pa. Defense Institute.

William D. Marvin, for appellee.

Joseph Lurie, Richard W. Rosenblitt, for amicus — Pa. AFL-CIO.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION OF THE COURT

FLAHERTY, Justice.

We must decide whether an employer's immunity from tort actions, guaranteed by the Pennsylvania Workmen's Compensation Act, 77 P.S. § 1 et seq., protects its insurance carrier if the insurer is alleged to have engaged in fraud and deceit to deprive an injured employee of his workers' compensation benefits.

The underlying workers' compensation claim arose as follows...

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