Penny v. Titus, National Union Fire Insurance Co.

ADAMS, Judge,

specially concurring:

I concur fully in Judge Hansen’s opinion. I write to discuss what some might perceive as a discrepancy between my vote in this case and my vote to approve certain language in Kerr Glass v. Hepler, 902 P.2d 1126 (Okla.App.1995) which I now find troubling. In Kerr, we faced the issue of which insurance carriers should be responsible for disability from a cumulative trauma hearing loss. Although we remanded the case to the trial court after recognizing the possibility of apportioning liability between insurance carriers “if competent evidence supports such…