Pennsylvania Superior Court Adopts Insurance Duty Rule, Vacates $80 Million Award

Pennsylvania Superior Court Adopts Insurance Duty Rule, Vacates $80 Million Award

PITTSBURGH - In an opinion of first impression released July 10, a divided Pennsylvania Superior Court panel adopted a Florida standard for resolving a duty to indemnify dispute arising from the $80 million settlement of a putative class action alleging exposure to fugitive radioactive material released from nuclear fuel refineries near Pittsburgh (The Babcock & Wilcox Co., et al. v. American Nuclear Insurers, et al., No. 525 WDA 2012, Pa. Super.; 2013 PA Super. 174; 2013 Pa. Super. LEXIS 1630).

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