Legal Opinion
Liberty Mutual Insurance Company v. Commercial Union Insurance Company
Court of Appeals for the First Circuit
Decided October 28, 1992No. 92-1337PublishedCited by 89 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This doubleheader of a case presents not one, but two, interrelated questions. Both questions involve the nexus between occupational disease and the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901-950 (1988). First, we must decide whether, as between successive insurance carriers, the primary obligation to provide LHWCA benefits is triggered by a worker’s disability or by his awareness of the potential for disability. Second, we must decide whether, as between successive insurance carriers, the date of disablement is the date on which a worker’s…
2Cases cited27 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- United States v. MitchellSupreme Court of the United States · 1980
- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
- United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
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3Cited by89 opinions
- Jay A. Pritzker v. Bob YariCourt of Appeals for the First Circuit · 1994
- McCarthy v. AzureCourt of Appeals for the First Circuit · 1994
- Jose L. Sanchez v. Puerto Rico Oil CompanyCourt of Appeals for the First Circuit · 1994
- Rhode Island v. Narragansett Indian TribeCourt of Appeals for the First Circuit · 1994
- In Re Extradition of Curtis Andrew Howard. United States of America v. Curtis Andrew HowardCourt of Appeals for the First Circuit · 1993
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