Bituminous Casualty Corporation v. Smith

On Petition To Behear

Bituminous Casualty Corporation, the insurer, seeks a rehearing in order to procure a modification of the judgment of the Court below as to the employer, Elkins, to the same extent that this Court’s opinion modified the judgment as to the insurer, Bituminous Casualty Corporation, notwithstanding the fact that Elkins did not appeal, and is not, therefore, before this Court.

The situation which prompted the insurer to file this petition is that the judgment of the insured employer, *22because of failure to appeal, is for a considerably larger amount tban is tbe judgment, as…