Indiana Supreme Court Archives - The Insurance & Reinsurance Report

May 20, 2015 Uncategorized

Indiana Supreme Court Finds Insured Afforded Coverage For “Professional Services”

In Wellpoint, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 49S05-1404-PL-244 (Ind. Apr. 22, 2015) the Indiana Supreme Court reversed the trial court and granted summary judgment for Anthem, Inc.against numerous reinsurers (Excess Reinsurers), finding that Anthem was afforded coverage in the underlying litigation under the reinsurance policies.

Anthem, a large managed health care organization, was self-insured for E&O liability. It purchased policies from other insurers to reinsure its E&O liabilities. The underlying litigation consisted of several lawsuits filed against …

January 26, 2015 Policy Conditions, Considerations, Construction, and Formation

Indiana Supreme Court Addresses Monetary Threshold for Secondary Liability in Workers Compensation Case

In Young v. Hood’s Gardens, Inc. 2015 Ind. LEXIS 46 (Jan. 22, 2015), the Indiana Supreme Court reversed a lower court ruling granting summary judgment to a business owner who had sought a declaration that it was not required to pay workers compensation benefits to the employee of a contractor it had hired for certain tree removal services.

Hood’s Gardens, Inc., contracted with Discount Tree Extraction to remove a tree at Hood’s place of business. Discount orally quoted a price of $600 for the work, …