WellPoint, Inc. v. Nat’l Union Fire Ins. Co.

Appellant, a large managed health care organization, settled certain federal multi-district litigation without admitting liability. At all times relevant to this litigation, Appellant was was its own primary and excess insurer for errors and omissions liability, with a certificate of reinsurance on its primary policy issued by one reinsurer and numerous certificates of reinsurance on its excess policies issued by additional reinsurers. Appellant sought indemnification from its reinsurers. Some of those reinsurers denied coverage, whereupon Appellant filed the instant suit claiming professional liability coverage under the policies. The trial court granted summary judgment in favor of the reinsurers. The Supreme Court reversed and in large part granted summary judgment for Appellant, holding that Appellant was largely entitled to coverage for defense costs under its policies with the reinsurers. View "WellPoint, Inc. v. Nat’l Union Fire Ins. Co." on Justia Law