4.2. The Supreme Court decision (Stolt II)
Thorco appealed the Court of Appeal decision,(1) LA-2018-83695. and once again, the Court was divided (3-2).
For the sake of convenience, Lugano Art. 11(2) is quoted again:
"Articles 8, 9 and 10 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted."
The Court stated that it is "the interpretation of this expression - the 'per-mitted-criterion' - that forms the heart of the matter" (paragraph 32).