Aetna Casualty & Surety Co. v. Allstate Insurance

Carley, Judge.

On July 29, 1977, Robert Mimms, while engaged in his employment as a spray painter, fell from a scaffold and sustained severe injuries. A dispute developed between Rosing Painting and Wall Covering Contractors and Sisk Decorating Company over which was the "employer” of Mimms for workers’ compensation purposes. Aetna, workers’ compensation insurer for Rosing, and Allstate, insurer for Sisk, entered into an agreement whereby Aetna would begin payment of workers’ compensation to Mimms and would be reimbursed in the event Allstate were eventually determined to be responsible for…