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LIBERTY MUT. INS. CO. v. COMMERCIAL UNION INS. CO.

No. 92-1337.

978 F.2d 750 (1992)

LIBERTY MUTUAL INSURANCE COMPANY, Petitioner, v. COMMERCIAL UNION INSURANCE COMPANY, et al., Respondents.

United States Court of Appeals, First Circuit.

Decided October 28, 1992.

Attorney(s) appearing for the Case

Stephen Hessert, with whom Patricia A. Lerwick and Norman, Hanson & DeTroy, Portland, Me., were on brief, for petitioner.

Allan M. Muir, with whom Kevin M. Gillis and Richardson & Troubh, Portland, Me., were on brief, for respondent Commercial Union Ins. Co.

Laura J. Stomski, Attorney, with whom Marshall J. Breger, Sol. of Labor, Carol A. De Deo, Associate Sol., and Janet R. Dunlop, Washington, D.C., Counsel for Longshore, were on brief, for federal respondent.

Before SELYA, Circuit Judge, ALDRICH, Senior Circuit Judge, and BOYLE, District Judge.

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...

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