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

Supreme Court of Pennsylvania2014-01-24No. No. 376 WAL 2013

624 Pa. 21484 A.3d 699

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Opinion · public domain

majority opinion

ORDER

PER CURIAM.

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 reasonable, and the insurer has failed to offer any amounts in settlement?