Erslon v. Cusumano

GAERTNER, Judge.

Plaintiffs appeal from an order sustaining the motion of two of three defendants to dismiss for failure to state a cause of action. We dismiss the appeal as premature.

Plaintiffs are the trustees of the Cement Masons Local 527 Health and Welfare Fund and General American Life Insurance Company, the insurer for the union fund. Defendants are Frank J. Cusumano, VeeJay Cement Contracting Company and its insurer, Maryland Casualty Company.

In a single count plaintiffs’ petition alleges that Cusumano was an employee of VeeJay and a participant in the disability and medical benefit…