Tomasich v. United States Fidelity & Guaranty Co.

GULOTTA, Judge.

Plaintiff appeals from a summary judgment dismissing his tort claim against his employer’s liability insurer. Plaintiff’s contention is that the exclusive worker’s compensation remedy is not applicable where the insurer has the duty to inspect its insured’s work place and has failed to carry out that responsibility. We affirm.

The petition alleges that on August 15, 1979, Gerald Tomasich, while in the course and scope of his employment at S.K. Whitty & Company (Whitty), received an injury to his arm when using a piece of equipment designed and built by Whitty. United States…