Millennium Laboratories, Inc. v. Allied World Assurance Co. (U.S.), Inc.

ORDER GRANTING DEFENDANT’S MOTION FOR RECONSIDERATION

[ECF No. 219]

Hon. Cynthia Bashant, United States District Judge

Based on purportedly newly available evidence regarding allegations investigated by the U.S. Department of Justice, Defendant Allied World Assurance Company (U.S.), Inc. (“Allied World”) now moves for reconsideration of the Court’s September 30, 2015 Summary Judgment Order. Plaintiff Millennium Laboratories, Inc. (“Millennium”) opposes.

The Court heard argument from the parties on February 17, 2016. See Civ. L.R. 7.1(d)(1). For the following reasons, the Court GRANTS Allied World’s motion for reconsideration.

I. INTRODUCTION

Back in 2012, when Millennium bought the insurance Policy at issue in this case, 1 *933 it was facing problems. Several competitors had filed private lawsuits and several whistle-blowers had filed qui tarn actions against Millennium. These lawsuits alleged that Millennium engaged in unlawful business practices, that it encouraged health care providers to submit false and/or fraudulent claims to health insurers and that it provided unlawful kickbacks to those health care providers.

Millennium understandably wanted insurance that would…