Pa.'s Babcock Decision Is Damaging To The Rule Of Law

Law360, New York (August 13, 2015, 4:21 PM EDT) -- Jason P. Gosselin

Timothy J. O'Driscoll Legal commentators and court watchers rightly complain about activist judges who make laws rather than interpret them. Last month's decision in the The Babcock & Wilcox Co. et al. v. American Nuclear Insurers, et al., is deserving of such criticism. The Pennsylvania Supreme Court fashioned a new and dramatic rule favoring policyholders and harming insurers and it did so while openly disregarding clear policy language.

The dispute in Babcock began in 1994 with a class action lawsuit by plaintiffs claiming bodily injury and property damage. They alleged that their harm resulted from emissions at nuclear...

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