Limit of Liability, Notice Provisions Do Not Bar Coverage, Court Rules

INDIANAPOLIS - The "limit of liability" and "notice/claim reporting" provisions in an excess reinsurance policy do not bar coverage for suits seeking reimbursement for medical services because those suits do not "relate back" to a claim preceding the policy period, an Indiana appellate court has ruled. Wellpoint Inc. v. National Union Fire Insurance Co., et al., No. 49A05-1011-PL-670 (Ind. App. Ct.).

The Indiana Court of Appeals on July 20 reversed a trial court's grant of summary judgment to the reinsurer, Twin City Fire Insurance Co.

Anthem set up a complex and multi-tiered arrangement to reinsure itself for error and omissions …