Babcock & Wilcox Co. v. American Nuclear Insurers
Supreme Court of Pennsylvania
Babcock & Wilcox Co. v. American Nuclear Insurers, 624 Pa. 214 (Pa. 2014)
84 A.3d 699
Babcock & Wilcox Co. v. American Nuclear Insurers
Opinion of the Court
ORDER
AND NOW, this 24th day of January 2014, the Petition for Allowance of Appeal is GRANTED LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, as stated by petitioner is:
(1) Does a policy holder forfeit its right to insurance coverage by settling an underlying and covered claim without its insurer’s consent, where the insurer is defending subject to a reservation of rights to disclaim coverage, the settlement is at arm’s length, is fair and is reason*215 able, and the insurer has failed to offer any amounts in settlement?
Reference
- Full Case Name
- The BABCOCK & WILCOX COMPANY and B & W Nuclear Environmental Services, Inc. v. AMERICAN NUCLEAR INSURERS and Mutual Atomic Energy Liability Underwriters and Other Interested Party: Atlantic Richfield Company American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters v. The Babcock & Wilcox Company and B & W Nuclear Environmental Services, Inc., and Atlantic Richfield Company. Petition of Babcock & Wilcox Power Generation Group, Inc. (f/k/a the Babcock & Wilcox Company) and Babcock & Wilcox Technical Services Group, Inc. (f/k/a B & W Nuclear Environmental Services, Inc.), and Atlantic Richfield Company
- Cited By
- 2 cases
- Status
- Published