Breton v. Travelers Insurance

LYNCH, Circuit Judge.

This case presents the question of whether Maine law permits an employee to .sue his employer’s workers’ compensation insurance carrier in tort, where that insurer, in its handling of the defense of that claim, has intentionally caused delay, including delayed payment of benefits to the employee. The district court found that such an action is not viable in Maine. A review of the Maine Workers’ Compensation Act and the Maine Law Court cases leads us to agree.

I

In August 1997, Richard Breton filed an amended complaint, under diversity jurisdic tion, against The Travelers…