Insurance Law

Recent Posts

Pennsylvania Supreme Court Holds Insured Entitled to Settle Underlying Claim Even Absent Insurer Consent
Posted on 20 Aug 2015 by Brian Margolies

In its recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers , 2015 Pa. LEXIS 1551 (Pa. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Supreme Court of Pennsylvania, deciding... Read More

Babcock & Wilcox v. American Nuclear Insurers: Why Insurers Are The Real Winners In Pennsylvania High Court’s Adoption Of Arizona’s Morris Rule
Posted on 25 Aug 2015 by Randy J. Maniloff

Justice Stanley Feldman (Ret.) Of The Arizona Supreme Court -- Author of Morris -- Provides Comment [Disclosure: I, along with two colleagues, filed an amicus brief with the Pennsylvania Supreme Court, in Babcock & Wilcox Company v. American... Read More

PA Supreme Court Rules Insured May Enter Settlement Despite Insurer’s Objections
Posted on 1 Sep 2015 by Steptoe & Johnson PLLC

On July 21, 2015, the Pennsylvania Supreme Court in The Babcock & Wilcox Company v. American Nuclear Insurers , No. 2 WAP 2014, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], adopted a variation of the test... Read More

Letter To The Editor: Bill Barker, Coverage Lawyer and Scholar, Says I Got It Wrong About Babcock & Wilcox
Posted on 5 Oct 2015 by Randy J. Maniloff

In the August 26th issue of Coverage Opinions I wrote that, despite the fact that the insurer in The Babcock & Wilcox Company v. American Nuclear Insurers (Pa. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com... Read More

Insurer Did Not Breach any Duty by Settling Claims without Insured’s Consent and Prior to Appointing Counsel
Posted on 3 Sep 2015 by Troutman Sanders

In American Western Door , the Central District of California granted a CGL carrier’s motion to dismiss an insured’s complaint and held that a carrier has the right to settle covered claims without the participation of the insured. American... Read More