Md. Cas. Co. v. Indus. Accident Comm'n

This is a proceeding in certiorari under the Workmen’s Compensation Act, to review an award made by the Industrial Accident Commission against the Maryland Casualty Company in favor of Huida Y. Dobson, as compensation for the death of her husband, alleged to have occurred from an accident while in the employ of George C. Ellis. The award was made against the Maryland Casualty Company as insurance carrier for Ellis. Its claim is that the policy of insurance does not cover the accident which caused the death of Dobson.

The insurance policy was issued to Ellis by the Casualty Company of America. Afterward, and before the happening of the accident, the Maryland Casualty Company, by agreement with the original insurer, assumed all liability upon the policy and Ellis accepted it as the insurance carrier. By the terms of the policy the insurer agreed to pay all sums due from Ellis under the Workmen’s Compensation Law [Stats. 1911, p. 796] because of any injury to those of his employees mentioned in the- policy. The sixth clause provides as follows: “ This policy shall cover only employees of the employer, legally employed, whose remuneration is included in said declaration, but nothing…