Stoltz's Case

On this record this is a conflict between two insurers. On December 18, 1947, the employee received an injury arising out of and in the course of his employment by the city of Westfield, which had accepted the provisions of St. 1913, c. 807, 1 and, accordingly, was required to pay the compensation provided by the workmen’s compensation act. G. L. (Ter. Ed.) c. 152, § 69, as amended. Fallon’s Case, 322 Mass. 61, 62. The city did not become a self insurer, 2 nor did it insure all its employees covered by the act with one insurer. See Friend Brothers, Inc. v. Seaboard Surety Co. 316 Mass. 639,…