by a subcontractor's default on its insurance obligations, were entitled to the immunity recognized by the Supreme Court. In re Metro Subway Accident Referral, 630 F. Supp. 385, 387 (D.D.C. Sept. 19, 1984).
The instant case is likewise controlled by Johnson.4 Weiner had a contingent obligation to Blake's employees, including plaintiff Holmes. It did not default on that obligation because Blake from the outset met its duty to provide insurance coverage for its employees injured on the job. Plaintiff's contention that Weiner can obtain immunity only if it shows it actually paid for the workers' compensation coverage of Blake's employees is irrelevant, because under Johnson a general contractor obtains immunity even if its contingent liability is never invoked and even if it never obtains or pays for the coverage of its subcontractors' workers, so long as the subcontractor meets its obligation under the 1928 Act to provide insurance.
The defendant's motion for summary judgment therefore must be granted. An appropriate Order is filed herewith.
Upon consideration of defendant's renewed motion for summary judgment, plaintiffs' opposition thereto, and the entire record herein, for reasons stated in an accompanying Memorandum, it is hereby
ORDERED that defendant's motion for summary judgment is granted, and the case is dismissed with prejudice, and it is further
ORDERED that the intervenor's complaint of Aetna Casualty & Surety Company is dismissed with prejudice.