Whitley v. Maryland Casualty Co.

SHIVERS, Judge.

Maryland Casualty, the workmen’s compensation carrier for Whitley’s employer, paid Whitley certain workmen’s compensation benefits following Whitley’s compensa-ble industrial accident. Whitley settled his claim against a third party tort-feasor for $250,000, which included the subrogation interests of Maryland Casualty. The settlement check from the third party tort-feasor was made payable to Maryland Casualty and Whitley. Maryland Casualty and Whitley allegedly entered into a verbal escrow agreement.

Whitley brought a three count Amended Complaint against Maryland Casualty. The…