CNA INS. CO. v. ELLIS

No. 101,418.

148 P.3d 874 (2006)

2006 OK 81

CNA INSURANCE COMPANY and The Oklahoma Workers' Compensation Court, Petitioners, v. John W. ELLIS, M.D., Physicians Liability Insurance Company, and Vicki H. Adkins, Appellees.

Supreme Court of Oklahoma.

October 24, 2006.


Attorney(s) appearing for the Case

Angela Reinstein, Pierce Couch Hendrickson Baysinger & Green, L.L.P., Oklahoma City, Oklahoma, for Petitioners, CNA Insurance Company and John W. Ellis, M.D.

Louis G. Buchanan, Oklahoma City, Oklahoma, for Appellant, Physicians Liability Insurance Company.


WINCHESTER, V.C.J.

¶ 1 The primary issue presented in this cumulative trauma injury case is whether the enactment of 85 O.S.2001 § 11(B)(5), which effectively prohibits apportionment by imposing sole liability on the covering insurer on the date of last exposure, should be applied retroactively. We hold that in cumulative trauma injury matters, where the date of injury pre-dates the effective date of the statute, October 23, 2001, § 11(B)(5) is inapplicable...

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