Antonio Aceto v. Zurich Insurance Company. Maria De Martino, Administratrix of the Estate of Stephano De Martino v. Zurich Insurance Company

OPINION OF THE COURT

HASTIE, Chief Judge.

These diversity actions for the wrongful death and negligent personal injury of two workmen arose out of a Pennsylvania industrial accident allegedy caused by defective equipment of the employer. The Pennsylvania Workmen’s Compensation Act bars common law recovery against an insured employer by or on behalf of an employee for negligent injury or wrongful death. In an effort to avoid that bar, these actions were brought against the employer’s workmen’s compensation insurance carrier alleging that its negligence in failing to discover and correct faulty…