Illinois Union Insurance Company v. Louisiana Health Service and Indemnity Company
| Illinois Union Insurance Company |
| Louisiana Health Service & Indemnity Company |
| 2:2016cv06604 |
| May 19, 2016 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Out of State |
| Nannette Jolivette Brown |
| Joseph C. Wilkinson |
| Insurance |
| 28 U.S.C. ยง 2201 |
| None |
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| Document Text |
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Filing
232
ORDER: IT IS HEREBY ORDERED that Blue Cross's 116 Motion for Summary Judgment on Coverage Obligations is DENIED. IT IS FURTHER ORDERED that Illinois Union's 118 Motion for Summary Judgment on Coverage is GRANTED IN PART and DENIED IN P ART. Illinois Union's motion is DENIED IN PART to the extent that it seeks summary judgment in its favor on: (1) Count I of Illinois Union's Complaint, in which Illinois Union seeks a declaratory judgment that Illinois Union is not required to indemnify Blue Cross for the underlying settlement due to the fact that Blue Cross did not obtain Illinois Union's written consent; (2) Count II of Illinois Union's Complaint, in which Illinois Union seeks a declaratory judgment that Il linois Union has no obligation to indemnify Blue Cross due to the fact that the settlement encompasses damages that are not covered under the Policy; (3) Count I of Blue Cross's counterclaim for declaratory judgment that Illinois Union must inde mnify Blue Cross for the settlement in the underlyingaction; and (4) Count II of Blue Cross's counterclaim for breach of contract as a result of Illinois Union's failure to indemnify Blue Cross for the settlement in the underlying action. T he motion is GRANTED IN PART to the extent that it requests summary judgment in Illinois Union's favor on the issue of whether it reimbursed Blue Cross's defense costs associated with the underlying action in excess of the SIR. The motio n is further GRANTED IN PART to the extent that it requests summary judgment in Illinois Union's favor denying Blue Cross's request for attorneys' fees in the instant action. Signed by Judge Nannette Jolivette Brown on 6/12/2017. (mmv)
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