Swift v. American Mutual Insurance

At issue in this case is whether the family of an employee may maintain an action against the employer’s workers’ compensation insurer for the insurer’s failure to warn *374the employee of unsafe working conditions. The plaintiffs — the wife and minor children of Robert W. Swift, a former employee2 of Art Cement Products Co., Inc. (Art Cement)3 — filed an amended complaint seeking recovery from the defendant, American Mutual Insurance Company of Boston, the liability insurer of Art Cement, for the loss of Swift’s society and companionship. The plaintiffs alleged that the defendant’s negligent…