Aetna Casualty & Surety Co. v. United States Fidelity & Guaranty Co.

BUCKWALTER, J.,

— We have before us cross motions .for summary judgment made by The Aetna Casualty and Surety Company, hereinafter referred to as plaintiff, and the United States Fidelity and Guaranty Company, hereinafter referred to as defendant. Both parties raise the issues of whether plaintiff is a statutory employer *793pursuant to section 203 of. The Pennsylvania Workmen’s Compensation Act of June 2, 1915, P.L. 736, as amended, 77 PS. §52 (act), and whether plaintiff’s payments to Calvin E. Seibert, defendant’s insured’s employe, were made under a mistake of fact or a mistake of law.

Defendant…