American Casualty Co. v. Britton

DANAHER, Circuit Judge.

Our problem is to decide which of two insurance carriers must discharge an employer’s unquestioned liability arising from the claimant’s disability due to tuberculosis incurred while serving as a visiting nurse. There are two episodes to be considered. Claimant first contracted tuberculosis while appellant was the carrier over the period from January 31, 1937 to January 31, 1939. Disability then terminated on September 3, 1940 when claimant returned to work, and her claim, pursuant to award, was fully satisfied. For some twelve years claimant worked regularly,…