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

Continental Casualty Company and Twin City Fire Insurance Co. (collectively, CNA) petitioned for rehearing with respect to the Supreme Court’s opinion in this matter, Wellpoint, Inc. v. Nat’l Union Fire Ins. Co., claiming that a portion of the Court’s opinion exceeded the power granted by Trial Rule 56(B), which provides that when a party has moved for summary judgment, the court may grant summary judgment for any other party upon the issues raised by the motion even where that party does not file a motion for summary judgment. CNA argued that the Court’s opinion, which reversed the trial court’s grant of CNA’s motion for summary judgment, should not have also granted summary judgment for Wellpoint, Inc. and Anthem Insurance Companies, Inc. (collectively, Anthem) as to issues not raised by CNA’s summary judgment motion. The Supreme Court concluded that rehearing should be granted to modify its opinion to address only the issues raised in the summary judgment proceeding and modified its opinion in this case accordingly. View "Wellpoint, Inc. v. Nat’l Union Fire Ins. Co." on Justia Law