Pennsylvania Supreme Court to hear radiation case
Source: Pittsburgh Post-Gazette
The Pennsylvania Supreme Court has agreed to hear arguments over whether two insurers should be on the hook to indemnify a company for the $80 million it paid to settle claims over radiation exposure.
The court granted a hearing Jan. 24 in Babcock & Wilcox v. American Nuclear Insurers on a single issue: whether a policyholder must forfeit its right to insurance coverage if it settles a claim without its insurer's consent in a case in which the insurer is defending the insured subject to a "reservation of rights."
<snip>
The case stems from lawsuits against Atlantic Richfield Co. and Babcock & Wilcox (now BWX Technologies), which have paid $80 million to more than 300 claimants over illnesses, death and property damage stemming from the plants' operations in Apollo and Parks Township, 25 miles northeast of Pittsburgh.
In arriving at this holding, a three-judge panel in Babcock & Wilcox ruled unanimously to reverse ruling that two insurers -- American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters, referred to collectively in the court's opinion as "ANI" -- must indemnify Babcock & Wilcox Co. for the $80 million plus prejudgment interest it paid to plaintiffs to settle claims over radiation exposure, against ANI's protests.
<snip>
Read more: http://www.post-gazette.com/business/legal/2014/02/03/Pennsylvania-Supreme-Court-to-hear-radiation-case/stories/201402030006
