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

I. BACKGROUND

1 A. The Policy Between FCE and Indian Harbor 2 “Subject to all terms and conditions of this policy,” Indian Harbor promised to “pay on 3 [FCE’s] behalf damages and defense expenses arising out of a claim first made against [FCE] 4 during a policy year, and reported to [Indian Harbor] in writing during that policy year, by reason 5 of an actual or alleged act or omission including personal injury, in the performance of 6 professional services.” Policy (dkt. 21-1, Ex. B), Sec. B. FCE’s “professional services” that are 7 covered by the Policy are defined in Item 7 as those “[s]olely in the performance of: Third party 8 administration.” 9 The Policy defines “claim” is a “written demand received by [FCE] for money, services, 10 equitable relief or a request to toll or waive any applicable statute of limitations.” Policy (dkt. 21- 11 1, Ex. B), Sec. A.1. The relevant limit of liability depends on when the acts or omissions 12 underlying the claim occurred: 13 E.1.a. For any claim by reason of an actual or alleged act or omission including personal injury in the performance of professional services committed prior to June …