The Pennsylvania Supreme Court has agreed to hear arguments over whether two insurers should be on the hook to indemnify a company for more than $80 million it paid to settle claims over radiation exposure.

The court granted allocatur Jan. 24 in Babcock & Wilcox v. American Nuclear Insurers on a single issue: whether a policyholder must forfeit its right to insurance coverage if it settles a claim without its insurer’s consent where the insurer is defending the insured subject to a reservation of rights.