Baio v. Commercial Union Insurance

I respectfully dissent. In my judgment, the majority has not considered adequately that Workmen’s Compensation is an exclusive statutory remedy dependent for its proper functioning on a fixed system of statutory rights, remedies and liabilities. In its application “equitable principles” in this statutory context, the majority has concentrated on unavoidable representation conflicts of insurers to the exclusion of the substance of essential fairness.

Two factual matters deserve expanded coverage. I will state them with heavy reliance on the factual statements included in the briefs.

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