FCE Benefit Administrators, Inc. v. Indian Harbor Insurance Company

I. BACKGROUND

25 A. The Policy Between FCE and Indian Harbor 26 “Subject to all terms and conditions of this policy,” Indian Harbor promised to “pay on 27 [FCE’s] behalf damages and defense expenses arising out of a claim first made against [FCE] during a policy year, and reported to [Indian Harbor] in writing during that policy year, by reason of an actual or alleged act or omission including personal injury, in the performance of professional services.” Policy (dkt. 21-1, Ex. B), Sec. B. FCE’s “professional services” that are covered by the Policy are defined in Item 7 as those “[s]olely in the performance of: Third party administration.” The Policy defines “claim” is a “written demand received by [FCE] for money, services, equitable relief or a request to toll or waive any applicable statute of limitations.” Policy (dkt. 21- 1, Ex. B), Sec. A.1. The relevant limit of liability depends on when the acts or omissions underlying the claim occurred:

E.1.a. For any claim based exclusively on acts or omissions including personal injury in the performance of professional services committed prior…