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

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 FCE BENEFIT ADMINISTRATORS, INC., Case No. 21-cv-00186-CRB

Plaintiff,

ORDER GRANTING SUMMARY

v. JUDGMENT

INDIAN HARBOR INSURANCE

COMPANY,

12 Defendant. 13 Plaintiff FCE Benefit Administrators, Inc. (“FCE”) provides third party 14 administrator services for employee benefit plans under ERISA. Defendant Indian Harbor 15 Insurance Company (“Indian Harbor”) issued an Errors and Omissions Policy (“Policy”) to 16 FCE covering damages and defense expenses arising from FCE’s performance of 17 professional services. In August 2020, FCE paid an arbitration judgment of $5.7 million 18 for an underlying claim that was covered by the Policy. Indian Harbor paid FCE about $3 19 million in damages and defense costs. 20 FCE sued Indian Harbor, arguing that the correct liability limit was $5 million. The 21 Court held that the liability limit was $3 million and granted summary judgment to Indian 22 Harbor. See Am. Order (dkt. 43) at 6-9. Indian Harbor then filed a counterclaim for 23 restitution of…