Williams v. Bituminous Casualty Corp.

The opinion of the court was delivered by

Weintraub, C. J.

Plaintiff (herein employee) .obtained a workmen’s compensation award, and the award not being .paid, he brought this action against defendant (herein carrier) alleging it covered the employer’s liability.

The employee named only the employer in the compensation proceeding, and the carrier, contending the accident occurred the 6th day of September, 1962, one day before the effective date of its policy, declined to defend the employer notwithstanding that the compensation petition alleged the accident occurred on the 7th. The employer…