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
By Andrew B. Downs and Heather J. Zacharia In a sharp U-Turn, the California Supreme Court has decided that rights under liability insurance policies for harm that has already happened are assignable without the insurer's consent. In California... Read More
In 2003, the California Supreme Court ruled, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated... Read More
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
By Jason Frye , Associate, Neal, Gerber & Eisenberg LLP The California Supreme Court has issued its long-awaited ruling in Fluor Corp. v. Superior Court of Orange Co . and held that California Insurance Code section 520 – a statute tracing... Read More
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
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
The Arizona Supreme Court’s decision in Quihuis v. State Farm Mutual Auto Ins. Co., 334 P.3d 719 (Ariz. 2014), [ enhanced version available to lexis.com subscribers ], answered the following Certified Question from the Ninth Circuit: “Whether... Read More
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