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Published by the Indiana Office of Court Services

Wellpoint, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, No. 49S05-1404-PL-244, __N.E.3d __ (Ind., April 22, 2015).

April 23, 2015 Filed Under: Civil Tagged With: B. Dickson, Supreme

Dickson, J.
….
We hold as a matter of law that Anthem’s losses resulted from alleged wrongful acts that occurred solely in the rendering or failure to render Professional Services and thus fall within the Policy’s insuring agreement; that the relief Anthem seeks is insurable under the Policy and Indiana law; and that, with respect to Anthem’s settlement losses resulting from Shane, Thomas, and Levinson, the exception to Exclusion (b) obviates its application. Anthem is entitled to the coverage, including coverage for defense costs, under Coverage II of its policies with the Excess Reinsurers, except for its settlement losses resulting from CSMS’s claims. We reverse and, except for Anthem’s losses resulting from CSMS’s claims and Anthem’s bad faith claim, enter summary judgment in favor of Anthem for its costs of settling the Underlying Litigation and remand to the trial court for further pro-ceedings consistent with this opinion.
Rush, C.J., and David and Massa, JJ., concur.
Rucker, J., concurs in result.
 

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