BRETON v. TRAVELERS INS. CO.

No. 98-1024.

147 F.3d 58 (1998)

Richard BRETON and Candace Breton, Plaintiffs, Appellants, v. The TRAVELERS INSURANCE COMPANY Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 25, 1998.


Attorney(s) appearing for the Case

Mark L. Randall, with whom Daniel G. Lilley Law Offices, P.A., was on brief, for appellant.

Peter B. Bickerman for appellee.

Before TORRUELLA, Chief Judge, SELYA and LYNCH, Circuit Judges.


LYNCH, Circuit Judge.

This case presents the question of whether Maine law permits an employee to sue his employer's workers' compensation insurance carrier in tort, where that insurer, in its handling of the defense of that claim, has intentionally caused delay, including delayed payment of benefits to the employee. The district court found that such an action is not viable in Maine. A review of the Maine Workers' Compensation Act and the Maine Law Court cases leads...

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