Thomason v. Midland Ins. Co.

This is a workmen's compensation case.

The employee appeals from the granting of the defendant insurer's motion for summary judgment. We affirm.

This case does not come to this court in the context of a dispute over factual matters. The dispositive issue is whether, as a matter of law, a direct action for work related injuries can be brought against the employer's insurer when the provisions of § 25-5-8 (f)(4), Code of Ala. 1975, have not been met.

Section 25-5-8 (f)(4) provides in pertinent part:(4) DIRECT ACTIONS AGAINST INSURERS. — If the employer shall insure to his employees the payment of…