B&W, et al v. ANI, et al of: B&W - No. (Granted) (petitions for allowance of appeal)
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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT THE BABCOCK & WILCOX COMPANY : No. 376 WAL 2013 AND B&W NUCLEAR ENVIRONMENTAL : SERVICES, INC. : : Petition for Allowance of Appeal from the : Order of the Superior Court 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 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? [376 WAL 2013] - 2
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